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					                     DEPARTMENT OF STATE
                     Office of Secretary of State
                       A PUBLIC SERVICES DIVISION PUBLICATION




                   RESIDENTIAL
                  Landlord & Tenant Act




                    About this online publication:
                     This publication contains Arizona Revised Statutes
                        that pertain to renting residential dwellings
                      in the State of Arizona. The office is required to
                           post this publication as a public service.
                             As the publisher we cannot answer
                            legal questions about these statutes.




Ken Bennett - Secretary of State
                                            KE BE     ETT
                                         SECRETARY OF STATE
                                          STATE OF ARIZO A



           Residential Landlord & Tenant Act
                      An online publication of the Arizona Secretary of State’s Office
                                      State Capitol, Phoenix, Arizona

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                              The Honorable Ken Bennett, Secretary of State
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                                            PUBLIC SERVICES
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                         Prepared by the Public Services Division, December 2009

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The Office is not the author of these laws, nor can it answer questions about the law or provide legal advice.




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An Arizona Secretary of State publication                                                   Arizona Residential Landlord and Tenant Act



                                  Table of Contents
                   ARIZONA RESIDENTIAL LANDLORD AND TENANT ACT
                                                A.R.S. Title 33, Chapter 10
                                               and Other Pertinent Statutes
                     The Secretary of State’s office provides this law online under the authority of A.R.S. § 33-1322.
          Laws 2009, Third Special Session legislative changes include amending section A.R.S. § 33-1322 (H.B. 2008, Ch. 7).
                          This bill was filed with the Secretary of State’s Office and can be viewed online at
                                             www.azsos.gov/public_services/Chapter_Laws/


TITLE 33. PROPERTY, CHAPTER 10. RESIDE TIAL LA DLORD A D TE A T ACT.......................... 2
  Article 1. General Provisions .......................................................................................................................... 2
  Article 2. Landlord Obligations ..................................................................................................................... 8
  Article 3. Tenant Obligations........................................................................................................................ 10
  Article 4. Remedies....................................................................................................................................... 11
  Article 5. Retaliatory Action ......................................................................................................................... 17
Other Pertinent Statutes
TITLE 33. PROPERTY, CHAPTER 17. RESIDE TIAL RE TAL PROPERTY............................................. 18
  Article 1. General Provisions ........................................................................................................................ 18
Pertaining to Hotels and Innkeepers
TITLE 33. PROPERTY, CHAPTER 3. LA DLORD A D TE A T.............................................................. 21
  Article 1. Obligations and Liabilities of Landlord ........................................................................................ 21
  Article 2. Obligations and Liabilities of Tenant ........................................................................................... 22
  Article 3. Termination of Tenancies ............................................................................................................. 22
  Article 4. Remedies of Landlord................................................................................................................... 23
  Article 5. Applicability of Chapter ............................................................................................................... 23
TITLE 12. COURTS A D CIVIL PROCEEDI GS, CHAPTER 8. SPECIAL ACTIO S A D
PROCEEDI GS RELATI G TO PROPERTY ............................................................................................... 24
  Article 4. Forcible Entry and Detainer.......................................................................................................... 24
LA DLORD TE A T CO TACTS
The Office of the Secretary of State is required under the law to publish this booklet on its website. As the publisher, the Office
cannot answer questions give legal advice about the laws contained in this booklet. These laws were enacted by the Arizona
Legislature.

In Phoenix
The city of Phoenix offers L/T Counseling: call (602) 262-7210. Leave your name and number and the service will return your call.
E-mail address: www.landlord.tenant.nsd@phoenix.gov

In Maricopa County
Slumlord Hotline: call (602) 372-7586. Leave your name and number and the county will return your call. You also can request an
anti-slum packet.
Roach Infestation (Maricopa County Environmental Services): call (602) 506-6616.

Statewide – Attorney General’s Office
The "Landlord and Tenant Rights and Responsibilities" handbook, which explains the law, is available from the Attorney General’s
Office, 1275 W. Washington St., Phoenix, AZ 85007. Call (602) 542-5025.
To request a packet on how to file a civil complaint against a landlord (this civil complaint is not filed with the Attorney General’s
Office) call (602) 542-5763.




Ken Bennett, Secretary of State                                            1                                           Revised December 2009
Arizona Residential Landlord and Tenant Act                                   An Arizona Secretary of State publication



                                    ARIZONA REVISED STATUTES
                                            TITLE 33. PROPERTY
                  CHAPTER 10. RESIDE TIAL LA DLORD A D TE A T ACT
                                                                 § 33-1343.       Access
ARTICLE 1. GE ERAL PROVISIO S                                    § 33-1344.       Tenant to use and occupy as a
Section                                                                           dwelling unit
§ 33-1301.      Short title
§ 33-1302.      Purposes                                                      ARTICLE 4. REMEDIES
§ 33-1303.      Supplementary principles of law                  Section
                applicable                                       § 33-1361.       Noncompliance by the landlord
§ 33-1304.      Applicability of chapter                         § 33-1362.       Failure to deliver possession
§ 33-1305.      Administration           of     remedies;        § 33-1363.       Self-help for minor defects
                enforcement                                      § 33-1364.       Wrongful failure to supply heat, air
§ 33-1306.      Settlement of disputed claim or right                             conditioning, cooling, water, hot water
§ 33-1307.      Territorial application                                           or essential services
§ 33-1308.      Exclusions from application of chapter           § 33-1365.       Landlord's noncompliance as defense
§ 33-1309.      Jurisdiction and service of process                               to action for possession or rent;
§ 33-1310.      General definitions                                               definition
§ 33-1311.      Obligation of good faith                         § 33-1366.       Fire or casualty damage
§ 33-1312.      Unconscionability                                § 33-1367.       Tenant's remedies for landlord's
§ 33-1313.      Notice                                                            unlawful    ouster, exclusion or
§ 33-1314.      Terms and conditions of rental                                    diminution of services
                agreement                                        § 33-1368.       Noncompliance with rental agreement
§ 33-1314.01.   Utility charges; submetering; ratio                               by tenant; failure to pay rent; utility
                utility billing; allocation; water system                         discontinuation; liability for guests;
                exemption                                                         definition
§ 33-1315.      Prohibited provisions in rental                  § 33-1369.       Failure to maintain
                agreements                                       § 33-1370.       Abandonment; notice; remedies;
§ 33-1316.      Separation of rents and obligations to                            personal property; definition
                maintain property forbidden                      § 33-1371.       Acceptance of partial payments
§ 33-1317.      Discrimination by landlord or lessor             § 33-1372.       Landlord liens; distraint for rent
                against        tenant     with    children       § 33-1373.       Remedy after termination
                prohibited; classification; exceptions;          § 33-1374.       Recovery of possession limited
                civil remedy; applicability                      § 33-1375.       Periodic tenancy; hold-over remedies
§ 33-1318.      Early termination by tenant for                  § 33-1376.       Landlord and tenant remedies for
                domestic violence; conditions; lock                               abuse of access
                replacement; access refusal; treble              § 33-1377.       Special detainer actions; service; trial
                damages; immunity                                                 postponement
ARTICLE 2. LA DLORD OBLIGATIO S                                    ARTICLE 5. RETALIATORY ACTIO
Section                                                          Section
§ 33-1321.      Security deposits                                § 33-1381.     Retaliatory conduct prohibited
§ 33-1322.      Disclosure and tender of written rental
                agreement                                           ARTICLE 1. GE ERAL PROVISIO S
§ 33-1323.      Landlord to supply possession of
                dwelling unit                                    § 33-1301. Short title
§ 33-1324.      Landlord to maintain fit premises                This chapter shall be known and may be cited as the
§ 33-1325.      Limitation of liability                          Arizona residential landlord and tenant act.
§ 33-1329.      Regulation of rents; authority
§ 33-1330.      Transfer of records on sale                      § 33-1302. Purposes
                                                                 Underlying purposes and policies of this chapter are:
  ARTICLE 3. TE A T OBLIGATIO S                                  1. To simplify, clarify, modernize and revise the law
Section                                                          governing the rental of dwelling units and the rights
§ 33-1341.      Tenant to maintain dwelling unit                 and obligations of landlord and tenant.
§ 33-1342.      Rules and regulations                            2. To encourage landlord and tenant to maintain and



Revised December 2009                                        2                         Ken Bennett, Secretary of State
An Arizona Secretary of State publication                                  Arizona Residential Landlord and Tenant Act


improve the quality of housing.                                   training, transportation, counseling or any other related
                                                                  service.
§ 33-1303. Supplementary principles of law                        2. Occupancy under a contract of sale of a dwelling
applicable                                                        unit or the property of which it is a part, if the occupant
Unless displaced by the provisions of this chapter, the           is the purchaser or a person who succeeds to his
principles of law and equity, including the law relating          interest.
to capacity to contract, mutuality of obligations,                3. Occupancy by a member of a fraternal or social
principal and agent, real property, public health, safety         organization in the portion of a structure operated for
and fire prevention, estoppel, fraud, misrepresentation,          the benefit of the organization.
duress, coercion, mistake, bankruptcy or other                    4. Transient occupancy in a hotel, motel or recreational
validating or invalidating cause supplement its                   lodging.
provisions.                                                       5. Occupancy by an employee of a landlord as a
                                                                  manager or custodian whose right to occupancy is
§ 33-1304. Applicability of chapter                               conditional upon employment in and about the
This chapter shall apply to the rental of dwelling units.         premises.
Any conflict between the provisions of chapter 3 and              6. Occupancy by an owner of a condominium unit or a
chapter 7 of this title with the provisions of this chapter       holder of a proprietary lease in a cooperative.
shall be governed by the provisions of this chapter.              7. Occupancy in or operation of public housing as
                                                                  authorized, provided or conducted under or pursuant to
§ 33-1305. Administration of remedies;                            title 36, chapter 12, or under or pursuant to any federal
enforcement                                                       law or regulation.
A. The remedies provided by this chapter shall be so
administered that the aggrieved party may recover                 § 33-1309. Jurisdiction and service of process
appropriate damages. The aggrieved party has a duty               A. The appropriate court of this state may exercise
to mitigate damages.                                              jurisdiction over any landlord with respect to any
B. Any right or obligation declared by this chapter is            conduct in this state governed by this chapter or with
enforceable by action unless the provision declaring it           respect to any claim arising from a transaction subject
specifies a different and limited effect.                         to this chapter. In addition to any other method
                                                                  provided by rule or by statute, personal jurisdiction over
§ 33-1306. Settlement of disputed claim or                        a landlord may be acquired in a civil action or
right                                                             proceeding instituted in the appropriate court by the
A claim or right arising under this chapter or on a rental        service of process in the manner provided by this
agreement, if disputed in good faith, may be settled by           section.
agreement.                                                        B. If a landlord is not a resident of this state or is a
                                                                  corporation not authorized to do business in this state
§ 33-1307. Territorial application                                and engages in any conduct in this state governed by
This chapter applies to, regulates, and determines                this chapter, or engages in a transaction subject to this
rights, obligations and remedies under a rental                   chapter, he may designate an agent upon whom
agreement, wherever made, for a dwelling unit located             service of process may be made in this state. The
within this state.                                                agent shall be a resident of this state or a corporation
                                                                  authorized to do business in this state. The designation
§ 33-1308. Exclusions from application of                         shall be in writing and filed with the secretary of state.
chapter                                                           If no designation is made and filed or if process cannot
Unless created to avoid the application of this chapter,          be served in this state upon the designated agent,
the following arrangements are not covered by this                process may be served upon the secretary of state, but
chapter:                                                          the plaintiff or petitioner shall forthwith mail a copy of
1. Residence at an institution, public or private, if             the process and pleading by registered or certified mail
incidental to detention, the provision of medical,                to the defendant or respondent at his last reasonably
educational, counseling or religious services or the              ascertained address. In the event there is no last
provision of a social service program that is provided            reasonably ascertainable address and if the defendant
by a social service provider. For the purposes of this            or respondent has not complied with section 33-1322,
paragraph, "social service provider" means a private              subsections A and B, then service upon the secretary
entity that directly assists an individual or family in           of state shall be sufficient service of process without
obtaining housing and that offers to provide the                  the mailing of copies to the defendant or respondent.
individual or family with assistance in obtaining                 Service of process shall be deemed complete and the
employment, child care, health care, education, skills            time shall begin to run for the purposes of this section



Ken Bennett, Secretary of State                               3                                  Revised December 2009
Arizona Residential Landlord and Tenant Act                                     An Arizona Secretary of State publication


at the time of service upon the secretary of state. The            where applicable, and grounds, areas and existing
defendant shall appear and answer within thirty days               facilities held out for the use of tenants generally or
after completion thereof in the manner and under the               whose use is promised to the tenant.
same penalty as if he had been personally served with              11. "Rent" means payments to be made to the landlord
the summons. An affidavit of compliance with this                  in full consideration for the rented premises.
section shall be filed with the clerk of the court on or           12. "Rental agreement" means all agreements, written,
before the return day of the process, if any, or within            oral or implied by law, and valid rules and regulations
any further time the court allows. Where applicable, the           adopted under section 33-1342 embodying the terms
affidavit shall contain a statement that defendant or              and conditions concerning the use and occupancy of a
respondent has not complied with section 33-1322,                  dwelling unit and premises.
subsections A and B.                                               13. "Roomer" means a person occupying a dwelling
                                                                   unit that lacks a major bathroom or kitchen facility, in a
§ 33-1310. General definitions                                     structure where one or more major facilities are used
Subject to additional definitions contained in                     in common by occupants of the dwelling unit and other
subsequent articles of this chapter which apply to                 dwelling units. Major facility in the case of a bathroom
specific articles thereof, and unless the context                  means toilet, or either a bath or shower, and in the
otherwise requires, in this chapter:                               case of a kitchen means refrigerator, stove or sink.
1. "Action" includes recoupment, counterclaim, setoff,             14. "Security" means money or property given to
suit in equity and any other proceeding in which rights            assure payment or performance under a rental
are determined, including an action for possession.                agreement. "Security" does not include a reasonable
2. "Building and housing codes" include any law,                   charge for redecorating or cleaning.
ordinance or governmental regulation concerning                    15. "Single family residence" means a structure
fitness for habitation, or the construction, maintenance,          maintained and used as a single dwelling unit.
operation, occupancy, use or appearance of any                     Notwithstanding that a dwelling unit shares one or
premises, or dwelling unit.                                        more walls with another dwelling unit, it is a single
3. "Delivery of possession" means returning dwelling               family residence if it has direct access to a street or
unit keys to the landlord and vacating the premises.               thoroughfare and shares neither heating facilities, hot
4. "Dwelling unit" means a structure or the part of a              water equipment nor any other essential facility or
structure that is used as a home, residence, or                    service with any other dwelling unit.
sleeping place by one person who maintains a                       16. "Tenant" means a person entitled under a rental
household or by two or more persons who maintain a                 agreement to occupy a dwelling unit to the exclusion of
common household. "Dwelling unit" excludes real                    others.
property used to accommodate a mobile home, unless                 17. "Term of lease" means the initial term or any
the mobile home is rented or leased by the landlord.               renewal or extension of the written rental agreement
5. "Good faith" means honesty in fact in the conduct or            currently in effect not including any wrongful holdover
transaction concerned.                                             period.
6. "Landlord" means the owner, lessor or sublessor of
the dwelling unit or the building of which it is a part, and       § 33-1311. Obligation of good faith
it also means a manager of the premises who fails to               Every duty under this chapter and every act which
disclose as required by section 33-1322.                           must be performed as a condition precedent to the
7. "Organization" includes a corporation, government,              exercise of a right or remedy under this chapter
governmental subdivision or agency, business trust,                imposes an obligation of good faith in its performance
estate, trust, partnership or association, two or more             or enforcement.
persons having a joint or common interest and any
other legal or commercial entity which is a landlord,              § 33-1312. Unconscionability
owner, manager or constructive agent pursuant to                   A. If the court, as a matter of law, finds either of the
section 33-1322.                                                   following:
8. "Owner" means one or more persons, jointly or                   1. A rental agreement or any provision thereof was
severally, in whom is vested all or part of the legal title        unconscionable when made, the court may refuse to
to property or all or part of the beneficial ownership and         enforce the agreement, enforce the remainder of the
a right to present use and enjoyment of the premises.              agreement without the unconscionable provision, or
The term includes a mortgagee in possession.                       limit the application of any unconscionable provision to
9. "Person" means an individual or organization.                   avoid an unconscionable result.
10. "Premises" means a dwelling unit and the structure             2. A settlement in which a party waives or agrees to
of which it is a part and existing facilities and                  forego a claim or right under this chapter or under a
appurtenances therein, including furniture and utilities           rental agreement was unconscionable at the time it



Revised December 2009                                          4                          Ken Bennett, Secretary of State
An Arizona Secretary of State publication                                 Arizona Residential Landlord and Tenant Act


was made, the court may refuse to enforce the                    shall pay as rent the fair rental value for the use and
settlement, enforce the remainder of the settlement              occupancy of the dwelling unit.
without the unconscionable provision, or limit the               C. Rent shall be payable without demand or notice at
application of any unconscionable provision to avoid             the time and place agreed upon by the parties. Unless
any unconscionable result.                                       otherwise agreed, rent is payable at the dwelling unit
B. If unconscionability is put into issue by a party or by       and periodic rent is payable at the beginning of any
the court upon its own motion the parties shall be               term of one month or less and otherwise in equal
afforded a reasonable opportunity to present evidence            monthly installments at the beginning of each month.
as to the setting, purpose and effect of the rental              Unless otherwise agreed, rent shall be uniformly
agreement or settlement to aid the court in making the           apportionable from day-to-day.
determination.                                                   D. Unless the rental agreement fixes a definite term,
                                                                 the tenancy shall be week-to-week in case of a roomer
§ 33-1313. otice                                                 who pays weekly rent, and in all other cases month-to-
A. A person has notice of a fact if he has actual                month.
knowledge of it, has received a notice or notification of        E. If a municipality that levies a transaction privilege
it or from all the facts and circumstances known to him          tax on residential rent changes the percentage of that
at the time in question he has reason to know that it            tax, the landlord on thirty days' written notice to the
exists. A person "knows" or "has knowledge" of a fact if         tenant may adjust the amount of rent due to equal the
he has actual knowledge of it.                                   difference caused by the new percentage amount of
B. A person "notifies" or "gives" a notice or notification       the tax. The adjustment to rent shall not occur before
to another by taking steps reasonably calculated to              the date upon which the new tax is effective. In order
inform the other in ordinary course whether or not the           for a landlord to adjust rent pursuant to this subsection,
other actually comes to know of it. A person "receives"          the landlord's right to adjust rent pursuant to this
a notice or notification when it comes to his attention,         subsection shall be disclosed in the rental agreement.
or in the case of the landlord, it is delivered in hand or       F. Notwithstanding section 14-3911, the landlord may
mailed by registered or certified mail to the place of           request and the tenant may provide and routinely
business of the landlord through which the rental                update the name and contact information of a person
agreement was made or at any place held out by him               who is authorized by the tenant to enter the tenant's
as the place for receipt of the communication or                 dwelling unit to retrieve and store the tenant's property
delivered to any individual who is designated as an              if the tenant dies. If the landlord is unable to contact
agent by section 33-1322 or, in the case of the tenant,          the authorized person at the address and telephone
it is delivered in hand to the tenant or mailed by               number provided to the landlord by the tenant or the
registered or certified mail to him at the place held out        authorized person fails to respond to the landlord's
by him as the place for receipt of the communication             request within ten days of initial written contact, the
or, in the absence of such designation, to his last              landlord may dispose of the property as prescribed in
known place of residence. If notice is mailed by                 section 33-1370. Before removing any of the tenant's
registered or certified mail, the tenant or landlord is          personal property, the authorized person shall present
deemed to have received such notice on the date the              to the landlord a valid government issued identification
notice is actually received by him or five days after the        that confirms the identity of the authorized person. The
date the notice is mailed, whichever occurs first.               authorized person shall have twenty days from the date
C. "Notice," knowledge or a notice or notification               of initial written contact by the landlord or the last date
received by an organization is effective for a particular        for which rent is paid, whichever is longer, to remove
transaction from the time it is brought to the attention         items from the rental property and return keys to the
of the individual conducting the transaction and in any          landlord during regular business hours. If the landlord
event from the time it would have been brought to his            allows an authorized person to enter the property to
attention if the organization had exercised reasonable           remove the tenant's personal possessions as
diligence.                                                       prescribed by this subsection, the landlord has no
                                                                 further liability to the tenant, the tenant's estate or the
§ 33-1314. Terms and conditions of rental                        tenant's heirs for lost, damaged or stolen items. If the
agreement                                                        tenant's personal property is not entirely removed from
A. The landlord and tenant may include in a rental               the rental unit by an authorized person, the landlord
agreement terms and conditions not prohibited by this            may dispose of the property as prescribed in section
chapter or any other rule of law including rent, term of         33-1370. This subsection shall only apply if the
the agreement and other provisions governing the                 periodic rent is unpaid and outstanding for at least five
rights and obligations of the parties.                           days.
B. In the absence of a rental agreement, the tenant



Ken Bennett, Secretary of State                              5                                  Revised December 2009
Arizona Residential Landlord and Tenant Act                                    An Arizona Secretary of State publication


§ 33-1314.01. Utility charges; submetering;                       a ratio utility billing system.
ratio utility billing; allocation; water system                   H. For purposes of regulating apartment communities
exemption                                                         as public or consecutive water systems, the
A. A landlord may charge separately for gas, water,               department of environmental quality shall not adopt
wastewater, solid waste removal or electricity by                 rules pursuant to title 49, chapter 2, article 9 that are
installing a submetering system or by allocating the              more stringent than those authorized by federal law.
charges separately through a ratio utility billing system.        Without other evidence of activities that are subject to
B. If a landlord charges separately for a utility pursuant        regulation under title 49, chapter 2, article 9, the
to subsection A, the landlord may recover the charges             department of environmental quality shall not use an
imposed on the landlord by the utility provider plus an           apartment community's use of a submetering system
administrative fee for the landlord for actual                    or a ratio utility billing system as the sole basis for
administrative costs only. The landlord shall not                 regulating an apartment community as a public or
impose any additional charges. The rental agreement               consecutive water system.
shall contain a disclosure that lists the utility services
that are charged separately and shall specify the                 § 33-1315. Prohibited provisions in rental
amount of any administrative fee that is associated               agreements
with submetering or the use of a ratio utility billing            A. A rental agreement shall not provide that the tenant
system.                                                           does any of the following:
C. If provided in the rental agreement, the landlord may          1. Agrees to waive or to forego rights or remedies
impose a submetering system or ratio utility billing              under this chapter.
system during the term of a rental agreement if the               2. Agrees to pay the landlord's attorney fees, except an
landlord provides notice as prescribed by subsection              agreement in writing may provide that attorney fees
G.                                                                may be awarded to the prevailing party in the event of
D. If a landlord is not in compliance with subsection B,          court action and except that a prevailing party in a
the tenant shall first object in writing to the landlord          contested forcible detainer action is eligible to be
regarding the utility billing. If the dispute is not              awarded attorney fees pursuant to section 12-341.01
resolved, the tenant may file a civil complaint in justice        regardless of whether the rental agreement provides
court to enforce this section.                                    for such an award.
E. If a landlord uses an allocation or submetering                3. Agrees to the exculpation or limitation of any liability
system, the bill format for each billing period shall:            of the landlord arising under law or to indemnify the
1. Separately state the cost of the charges for the               landlord for that liability or the costs connected
period together with the opening and the closing meter            therewith.
readings and the dates of the meter readings.                     4. Agrees to waive or limit the tenant's right to summon
2. Show the amount of any administrative fee charged.             or any other person's right to summon a peace officer
F. If a landlord does not use a submetering system and            or other emergency assistance in response to an
allocates charges separately for gas, water,                      emergency.
wastewater, solid waste removal or electricity, the               5. Agrees to payment of monetary penalties or
landlord may allocate the costs to each tenant by using           otherwise penalizes the tenant for the tenant
one or more of the following ratio utility billing system         summoning or for any other person summoning a
methods:                                                          peace officer or other emergency assistance in
1. Per tenant.                                                    response to an emergency.
2. Proportionately by livable square footage.                     B. A provision that is prohibited by subsection A of this
3. Per type of unit.                                              section and that is included in a rental agreement is
4. Per number of water fixtures.                                  unenforceable. If a landlord deliberately uses a rental
5. For water and wastewater, by use of an individually            agreement containing provisions known by the landlord
submetered hot water usage measure for the tenant's               to be prohibited, the tenant may recover actual
dwelling unit.                                                    damages sustained by the tenant and not more than
6. Any other method that fairly allocates the charges             two months' periodic rent.
and that is described in the tenant's rental agreement.           C. This section does not limit the landlord's right to
G. If a landlord uses a ratio utility billing system method       evict a tenant pursuant to section 33-1368.
pursuant to subsection F, the rental agreement shall
contain a specific description of the ratio utility billing       § 33-1316. Separation of rents and
method used to allocate utility costs. For any existing           obligations to maintain property forbidden
tenancies, the landlord shall provide at least ninety             A rental agreement, assignment, conveyance, trust
days' notice to the tenant before the landlord begins             deed or security instrument may not permit the receipt
using a submetering system or allocating costs through            of rent free of the obligation to comply with section 33-



Revised December 2009                                         6                          Ken Bennett, Secretary of State
An Arizona Secretary of State publication                                 Arizona Residential Landlord and Tenant Act


1324, subsection A.                                              to this section if the tenant provides to the landlord
                                                                 written notice pursuant to this section that the tenant is
§ 33-1317. Discrimination by landlord or                         the victim of domestic violence as defined in section
lessor against tenant with children                              13-3601. The tenant's rights and obligations under the
prohibited; classification; exceptions; civil                    rental agreement are terminated and the tenant shall
remedy; applicability                                            vacate the dwelling and avoid liability for future rent
A. A person who knowingly refuses to rent to any other           and shall not incur early termination penalties or fees if
person a place to be used for a dwelling for the reason          the tenant provides to the landlord a written notice
that the other person has a child or children, or who            requesting release from the rental agreement with a
advertises in connection with the rental a restriction           mutually agreed on release date within the next thirty
against children, either by the display of a sign, placard       days, accompanied by any one of the following:
or written or printed notice, or by publication thereof in       1. A copy of any protective order issued pursuant to
a newspaper of general circulation, is guilty of a petty         section 13-3602 to a tenant who is a victim of domestic
offense.                                                         violence. A landlord may also request a receipt or
B. No person shall rent or lease his property to another         signed statement that the order of protection has been
in violation of a valid restrictive covenant against the         submitted to an authorized officer of a court for
sale of such property to persons who have a child or             service.
children living with them.                                       2. A copy of a written departmental report from a law
C. No person shall rent or lease his property to                 enforcement agency that states that the tenant notified
persons who have a child or children living with them            the law enforcement agency that the tenant was a
when his property meets the definition of housing for            victim of domestic violence.
older persons in section 41-1491.04.                             B. A landlord may request from the victim the name
D. A person who knowingly rents or leases his property           and address of the person named in an order of
in violation of the provisions of subsection B or C of           protection or a departmental report pursuant to
this section is guilty of a petty offense.                       subsection A of this section, in writing, if known by the
E. A person whose rights under this section have been            victim.
violated may bring a civil action against a person who           C. The tenant may terminate the rental agreement
violates this section for all of the following:                  pursuant to this section only if the actions, events or
1. Injunctive or declaratory relief to correct the               circumstances that resulted in the tenant being a victim
violation.                                                       of domestic violence as defined in section 13-3601
2. Actual damages sustained by the tenant or                     occurred within the thirty day period immediately
prospective tenant.                                              preceding the written notice of termination to the
3. A civil penalty of three times the monthly rent of the        landlord, unless waived by the landlord.
housing accommodation involved in the violation if the           D. If the tenant terminates the rental agreement as
violation is determined to be intentional.                       prescribed by this section and if the tenant is solely or
4. Court costs and reasonable attorney fees.                     jointly liable on the rental agreement, the tenant is
F. Nothing in this section shall prohibit a person from          liable only for rent owed or paid through the date of the
refusing to rent a dwelling by reason of reasonable              lease termination plus any previous obligations
occupancy standards established by the owner or the              outstanding on that date. The amount due from the
owner's agent which apply to persons of all ages, and            tenant shall be paid to the landlord on or before the
which have been adopted and published before the                 date the tenant vacates the dwelling. If the tenant has
event in issue. An occupancy limitation of two persons           prepaid rent that would apply for the month in which
per bedroom residing in a dwelling unit shall be                 the lease is terminated, the landlord may retain the
presumed reasonable for this state and all political             prepaid rent and no refund is due to the tenant. If the
subdivisions of this state.                                      tenant has paid a security deposit pursuant to section
G. Subsection B of this section applies only to                  33-1321, the security deposit shall not be withheld for
dwellings occupied or intended to be occupied by no              the early termination of the lease if the tenant meets
more than four families living independently of each             the requirements prescribed by subsection A of this
other and in which the owner maintains and occupies              section, but may be withheld for payment of damages
one of the living quarters as the owner's residence.             which the landlord has suffered by reason of the
                                                                 tenant's noncompliance with section 33-1341.
§ 33-1318. Early termination by tenant for                       E. A tenant who is a victim of domestic violence may
domestic violence; conditions; lock                              require the landlord to install a new lock to the tenant's
                                                                 dwelling if the tenant pays for the cost of installing the
replacement; access refusal; treble damages;                     new lock. A landlord may comply with this requirement
immunity                                                         by doing either of the following:
A. A tenant may terminate a rental agreement pursuant


Ken Bennett, Secretary of State                              7                                 Revised December 2009
Arizona Residential Landlord and Tenant Act                                   An Arizona Secretary of State publication


1. Rekeying the lock if the lock is in good working              K. An emergency order of protection or a protective
condition.                                                       order that is issued to a resident of a rental property
2. Replacing the entire locking mechanism with a                 automatically applies to the entire residential rental
locking mechanism of equal or better quality than the            property in which the tenant has a rental agreement.
lock being replaced.                                             L. This section shall not be construed to limit a
F. A landlord who installs a new lock at the tenant's            landlord's right to terminate a lease pursuant to section
request may retain a copy of the key that opens the              33-1368 against the victim for actions unrelated to the
new lock. Notwithstanding any provision in the rental            act of domestic violence.
agreement, the landlord may refuse to provide a key              M. A landlord is not liable for any actions taken in good
that opens the new lock to the person named in an                faith pursuant to this section.
order of protection or a departmental report pursuant to
subsection A of this section.                                                  ARTICLE 2.
G. A landlord shall refuse to provide access to the                       LA DLORD OBLIGATIO S
dwelling to reclaim property to any tenant if the tenant
is the person named in an order of protection or a               § 33-1321. Security deposits
departmental report pursuant to subsection A of this             A. A landlord shall not demand or receive security,
section who has been served with an order of                     however denominated, including, but not limited to,
protection naming that tenant as the defendant and the           prepaid rent in an amount or value in excess of one
landlord has received a copy of the order of protection,         and one-half month's rent. This subsection does not
unless a law enforcement officer escorts the tenant              prohibit a tenant from voluntarily paying more than one
into and out of the dwelling.                                    and one-half month's rent in advance.
H. A tenant who terminates a lease pursuant to this              B. The purpose of all nonrefundable fees or deposits
section and who is convicted of falsely filing a                 shall be stated in writing by the landlord. Any fee or
departmental report or order or protection for domestic          deposit not designated as nonrefundable shall be
violence is liable to the landlord for treble damages for        refundable.
premature termination of the lease.                              C. With respect to tenants who first occupy the
I. A person named in an order of protection or a                 premises or enter into a new written rental agreement
departmental report pursuant to subsection A of this             after January 1, 1996, upon move in a landlord shall
section who provokes an early lease termination under            furnish the tenant with a signed copy of the lease, a
this section is deemed to have interfered with the               move-in form for specifying any existing damages to
residential rental agreement between the landlord and            the dwelling unit and written notification to the tenant
tenant regardless of whether the person named in an              that the tenant may be present at the move-out
order of protection or a departmental report pursuant to         inspection. Upon request by the tenant, the landlord
subsection A of this section is a party to the rental            shall notify the tenant when the landlord's move-out
agreement, and the person named in an order of                   inspection will occur. If the tenant is being evicted for a
protection or a departmental report pursuant to                  material and irreparable breach and the landlord has
subsection A of this section may be civilly liable for all       reasonable cause to fear violence or intimidation on
economic losses incurred by a landlord for the                   the part of the tenant, the landlord has no obligation to
domestic violence early lease termination. This civil            conduct a joint move-out inspection with the tenant.
liability includes unpaid rent, early lease termination          D. Upon termination of the tenancy, property or money
fees, costs to repair damage to the premises and any             held by the landlord as prepaid rent and security may
reductions or waivers of rent previously granted to the          be applied to the payment of all rent, and subject to a
tenant who was the victim of domestic violence.                  landlord's duty to mitigate, all charges as specified in
J. If there are multiple tenants who are parties to a            the signed lease agreement, or as provided in this
rental agreement that has been terminated under this             chapter, including the amount of damages which the
section, the tenancy for those tenants also terminates.          landlord has suffered by reason of the tenant's
The tenants who are not the victims of domestic                  noncompliance with section 33-1341. Within fourteen
violence, excluding the person named in an order of              days, excluding Saturdays, Sundays or other legal
protection or a departmental report pursuant to                  holidays, after termination of the tenancy and delivery
subsection A of this section that caused the                     of possession and demand by the tenant the landlord
termination of the lease pursuant to this section, may           shall provide the tenant an itemized list of all
be released from any financial obligations due under             deductions together with the amount due and payable
the previously existing rental agreement and the                 to the tenant, if any. Unless other arrangements are
remaining tenants may be permitted to enter into a               made in writing by the tenant, the landlord shall mail
new lease with the landlord if the tenants meet all              the itemized list and any amount due, by first class
current application requirements.                                mail, to the tenant's last known place of residence.



Revised December 2009                                        8                          Ken Bennett, Secretary of State
An Arizona Secretary of State publication                              Arizona Residential Landlord and Tenant Act


E. If the landlord fails to comply with subsection D of        case may be, of the rental agreement.
this section the tenant may recover the property and
money due the tenant together with damages in an               § 33-1323. Landlord to supply possession of
amount equal to twice the amount wrongfully withheld.          dwelling unit
F. This section does not preclude the landlord or              At the commencement of the term the landlord shall
tenant from recovering other damages to which the              deliver possession of the premises to the tenant in
landlord or tenant may be entitled under this chapter.         compliance with the rental agreement and section 33-
G. During the term of tenancy the landlord may use             1324. The landlord may bring an action for possession
refundable security deposits or other refundable               against any person wrongfully in possession and may
deposits in accordance with any applicable provisions          recover the damages provided in section 33-1375,
of the property management agreement. At the end of            subsection C.
tenancy, all refundable deposits shall be refunded to
the tenant pursuant to this section.                           § 33-1324. Landlord to maintain fit premises
H. The holder of the landlord's interest in the premises       A. The landlord shall:
at the time of the termination of the tenancy is bound         1. Comply with the requirements of applicable building
by this section.                                               codes materially affecting health and safety.
                                                               2. Make all repairs and do whatever is necessary to put
§ 33-1322. Disclosure and tender of written                    and keep the premises in a fit and habitable condition.
rental agreement                                               3. Keep all common areas of the premises in a clean
A. The landlord or any person authorized to enter into         and safe condition.
a rental agreement on his behalf shall disclose to the         4. Maintain in good and safe working order and
tenant in writing at or before the commencement of the         condition all electrical, plumbing, sanitary, heating,
tenancy the name and address of each of the                    ventilating, air-conditioning and other facilities and
following:                                                     appliances, including elevators, supplied or required to
1. The person authorized to manage the premises.               be supplied by him.
2. An owner of the premises or a person authorized to          5. Provide and maintain appropriate receptacles and
act for and on behalf of the owner for the purpose of          conveniences for the removal of ashes, garbage,
service of process and for the purpose of receiving and        rubbish and other waste incidental to the occupancy of
receipting for notices and demands.                            the dwelling unit and arrange for their removal.
B. At or before the commencement of the tenancy, the           6. Supply running water and reasonable amounts of
landlord shall inform the tenant in writing that the           hot water at all times, reasonable heat and reasonable
Arizona residential landlord and tenant act is available       air-conditioning or cooling where such units are
on the Arizona secretary of state's website.                   installed and offered, when required by seasonal
C. The information required to be furnished by this            weather conditions, except where the building that
section shall be kept current and refurnished to a             includes the dwelling unit is not required by law to be
tenant upon the tenant's request. This section extends         equipped for that purpose or the dwelling unit is so
to and is enforceable against any successor landlord,          constructed that heat, air-conditioning, cooling or hot
owner or manager.                                              water is generated by an installation within the
D. A person who fails to comply with subsections A, B          exclusive control of the tenant and supplied by a direct
and C becomes an agent of each person who is a                 public utility connection.
landlord for the following purposes:                           B. If the duty imposed by subsection A, paragraph 1 of
1. Service of process and receiving and receipting for         this section is greater than any duty imposed by any
notices and demands.                                           other paragraph of this section, the landlord's duty
2. Performing the obligations of the landlord under this       shall be determined by reference to that paragraph.
chapter and under the rental agreement and                     C. The landlord and tenant of a single family residence
expending or making available for the purpose all rent         may agree in writing, supported by adequate
collected from the premises.                                   consideration, that the tenant perform the landlord's
E. If there is a written rental agreement, the landlord        duties specified in subsection A, paragraphs 5 and 6 of
must tender and deliver a signed copy of the rental            this section, and also specified repairs, maintenance
agreement to the tenant and the tenant must sign and           tasks, alterations and remodeling, but only if the
deliver to the landlord one fully executed copy of such        transaction is entered into in good faith, not for the
rental agreement within a reasonable time after the            purpose of evading the obligations of the landlord and
agreement is executed. A written rental agreement              the work is not necessary to cure noncompliance with
shall have all blank spaces completed. Noncompliance           subsection A, paragraphs 1 and 2 of this section.
with this subsection shall be deemed a material                D. The landlord and tenant of any dwelling unit other
noncompliance by the landlord or the tenant, as the            than a single family residence may agree that the



Ken Bennett, Secretary of State                            9                                Revised December 2009
Arizona Residential Landlord and Tenant Act                                     An Arizona Secretary of State publication


tenant is to perform specified repairs, maintenance                records of active, inactive and abandoned
tasks, alterations or remodeling only if:                          underground facilities installed after December 31,
1. The agreement of the parties is entered into in good            2006 is liable for all damages proximately caused by
faith and not for the purpose of evading the obligations           the failure, including all expenses incurred by
of the landlord and is set forth in a separate writing             successor landlords to create such installation records.
signed by the parties and supported by adequate
consideration.                                                        ARTICLE 3. TE A T OBLIGATIO S
2. The work is not necessary to cure noncompliance
with subsection A, paragraphs 1 and 2 of this section.             § 33-1341. Tenant to maintain dwelling unit
3. The agreement does not diminish or affect                       The tenant shall:
the obligation of the landlord to other tenants                    1. Comply with all obligations primarily imposed upon
in the premises.                                                   tenants by applicable provisions of building codes
                                                                   materially affecting health and safety.
§ 33-1325. Limitation of liability                                 2. Keep that part of the premises that he occupies and
A. Unless otherwise agreed, a landlord, who conveys                uses as clean and safe as the condition of the
premises that include a dwelling unit subject to a rental          premises permit.
agreement in a good faith sale to a bona fide                      3. Dispose from his dwelling unit all ashes, rubbish,
purchaser, is relieved of liability under the rental               garbage and other waste in a clean and safe manner.
agreement and this chapter as to events occurring                  4. Keep all plumbing fixtures in the dwelling unit or
subsequent to written notice to the tenant of the                  used by the tenant as clean as their condition permits.
conveyance. He remains liable to the tenant for any                5. Use in a reasonable manner all electrical, plumbing,
property and money to which the tenant is entitled                 sanitary, heating, ventilating, air-conditioning and other
under section 33-1321.                                             facilities and appliances including elevators in the
B. Unless otherwise agreed, a manager of premises                  premises.
that include a dwelling unit is relieved of liability under        6. Not deliberately or negligently destroy, deface,
the rental agreement and this chapter as to events                 damage, impair or remove any part of the premises or
occurring after written notice to the tenant of the                knowingly permit any person to do so.
termination of his management.                                     7. Conduct himself and require other persons on the
                                                                   premises with his consent to conduct themselves in a
§ 33-1329. Regulation of rents; authority                          manner that will not disturb his neighbors' peaceful
A. Notwithstanding any other provisions of law to the              enjoyment of the premises.
contrary the state legislature determines that the                 8. The tenant shall notify the landlord of any situation
imposition of rent control on private residential housing          or occurrence that requires the landlord to provide
units by cities, including charter cities, and towns is of         maintenance, make repairs or otherwise requires the
statewide concern. Therefore, the power to control                 landlord to take action as prescribed in section 33-
rents on private residential property is preempted by              1324.
the state. Cities, including charter cities, or towns shall
not have the power to control rents.                               § 33-1342. Rules and regulations
B. The provisions of subsection A shall not apply to               A. A landlord, from time to time, may adopt rules or
residential property which is owned, financed, insured             regulations, however described, concerning the
or subsidized by any state agency, or by any city,                 tenant's use and occupancy of the premises. Such
including charter city, or town.                                   rules or regulations are enforceable against the tenant
                                                                   only if:
§ 33-1330. Transfer of records on sale                             1. Their purpose is to promote the convenience, safety
On the sale or other transfer of an apartment                      or welfare of the tenants in the premises, preserve the
community as defined in section 40-360.21, the                     landlord's property from abusive use or make a fair
landlord shall deliver to the buyer or other transferee all        distribution of services and facilities held out for the
available plans, drawings and records pertaining to the            tenants generally.
location of all underground facilities in the property, all        2. They are reasonably related to the purpose for
plans, drawings, surveys and plats of the property, all            which adopted.
records pertaining to tenant security deposits and                 3. They apply to all tenants in the premises in a fair
complete files for each tenant of the property at closing          manner.
containing rental agreements and all other documents               4. They are sufficiently explicit in prohibition, direction
and disclosures required by this chapter that are in the           or limitation of the tenant's conduct to fairly inform the
possession of the landlord. A landlord who fails to                tenant of what the tenant must or must not do to
deliver reasonably accurate and maintained installation            comply.
                                                                   5. They are not for the purpose of evading the


Revised December 2009                                         10                          Ken Bennett, Secretary of State
An Arizona Secretary of State publication                                   Arizona Residential Landlord and Tenant Act


obligations of the landlord.                                       agreement, including a material falsification of the
6. The tenant has notice of them at the time the tenant            written information provided to the tenant, the tenant
enters into the rental agreement.                                  may deliver a written notice to the landlord specifying
B. A rule or regulation adopted after the tenant enters            the acts and omissions constituting the breach and that
into the rental agreement is enforceable against the               the rental agreement will terminate upon a date not
tenant if a thirty day notice of its adoption is given to          less than ten days after receipt of the notice if the
the tenant and it does not constitute a substantial                breach is not remedied in ten days. If there is a
modification of the tenant's rental agreement.                     noncompliance by the landlord with section 33-1324
C. If state, county, municipal or other governmental               materially affecting health and safety, the tenant may
bodies adopt new ordinances, rules or other legal                  deliver a written notice to the landlord specifying the
provisions affecting existing rental agreements, the               acts and omissions constituting the breach and that the
landlord may make immediate amendments to lease                    rental agreement will terminate upon a date not less
agreements to bring them into compliance with the law.             than five days after receipt of the notice if the breach is
The landlord shall give a tenant written notice that the           not remedied in five days. For the purposes of this
tenant's lease agreement has been amended, and the                 section, material falsification includes false information
notice shall provide a brief description of the                    relating to availability of the unit, except when a
amendment and the effective date.                                  holdover tenant is in illegal possession or in violation of
                                                                   the rental agreement, the condition of the premises
§ 33-1343. Access                                                  and any current services as represented by the
A. The tenant shall not unreasonably withhold consent              landlord in writing and any representation regarding
to the landlord to enter into the dwelling unit in order to        future services and any future changes regarding the
inspect the premises, make necessary or agreed                     condition of the premises, the provision of utility
repairs, decorations, alterations or improvements,                 services and the designation of the party responsible
supply necessary or agreed services or exhibit the                 for the payment of utility services. The rental
dwelling unit to prospective or actual purchasers,                 agreement shall terminate and the dwelling unit shall
mortgagees, tenants, workmen or contractors.                       be vacated as provided in the notice subject to the
B. If the tenant notifies the landlord of a service                following:
request or a request for maintenance as prescribed in              1. If the breach is remediable by repairs or the
section 33-1341, paragraph 8, the notice from the                  payment of damages or otherwise and the landlord
tenant constitutes permission from the tenant for the              adequately remedies the breach prior to the date
landlord to enter the dwelling unit pursuant to                    specified in the notice, the rental agreement will not
subsection D of this section for the sole purpose of               terminate.
acting on the service or maintenance request.                      2. The tenant may not terminate for a condition caused
C. The landlord may enter the dwelling unit without                by the deliberate or negligent act or omission of the
consent of the tenant in case of emergency.                        tenant, a member of the tenant's family or other person
D. The landlord shall not abuse the right to access or             on the premises with the tenant's consent.
use it to harass the tenant. Except in case of                     B. Except as provided in this chapter, the tenant may
emergency or if it is impracticable to do so, the                  recover damages and obtain injunctive relief for any
landlord shall give the tenant at least two days' notice           noncompliance by the landlord with the rental
of the landlord's intent to enter and enter only at                agreement or with section 33-1318 or 33-1324.
reasonable times.                                                  C. The remedy provided in subsection B of this section
E. The landlord has no other right of access except by             is in addition to any right of the tenant arising under
court order and as permitted by sections 33-1369 and               subsection A of this section.
33-1370, or if the tenant has abandoned or                         D. If the rental agreement is terminated, the landlord
surrendered the premises.                                          shall return all security recoverable by the tenant under
                                                                   section 33-1321.
§ 33-1344. Tenant to use and occupy as a
dwelling unit                                                      § 33-1362. Failure to deliver possession
Unless otherwise agreed, the tenant shall occupy his               A. If the landlord fails to deliver physical possession of
dwelling unit only as a dwelling unit.                             the dwelling unit to the tenant as provided in section
                                                                   33-1323, rent abates until possession is delivered and
            ARTICLE 4. REMEDIES                                    the tenant may do either of the following:
                                                                   1. Upon at least five days' written notice to the landlord
§ 33-1361. oncompliance by the landlord                            terminate the rental agreement and upon termination
A. Except as provided in this chapter, if there is a               the landlord shall return all prepaid rent and security.
material noncompliance by the landlord with the rental             2. Demand performance of the rental agreement by



Ken Bennett, Secretary of State                               11                                  Revised December 2009
Arizona Residential Landlord and Tenant Act                                   An Arizona Secretary of State publication


the landlord and, if the tenant elects, maintain an              meter for each tenant in the premises such that the
action for possession of the dwelling unit against the           tenant could avoid a utility shutoff by arranging to have
landlord or any person wrongfully in possession and              services transferred to the tenant's name, the tenant
recover the damages sustained by him.                            may either individually or collectively with other tenants
B. If the landlord fails to deliver constructive                 arrange with the utility company to pay the utility bill
possession to the tenant because of noncompliance                after written notice to the landlord of the tenant's intent
with section 33-1324, rent shall not abate. Tenant may           to do so. With the utility company's approval the tenant
proceed with the remedies provided for in section 33-            or tenants may pay the landlord's delinquent utility bill
1361.                                                            and deduct from any rent owed to the landlord the
C. If a person's failure to deliver possession is willful        actual cost of the payment the tenant made to restore
and not in good faith, an aggrieved person may                   utility services. The tenant or tenants may continue to
recover from that person an amount not more than two             make such payments to the utility company until the
months' periodic rent or twice the actual damages                landlord has provided adequate assurances to the
sustained by him, whichever is greater.                          tenant that the above utility services will be maintained.
                                                                 2. Recover damages based upon the diminution in the
§ 33-1363. Self-help for minor defects                           fair rental value of the dwelling unit.
A. If the landlord fails to comply with section 33-1324,         3. Procure reasonable substitute housing during the
and the reasonable cost of compliance is less than               period of the landlord's noncompliance, in which case
three hundred dollars, or an amount equal to one-half            the tenant is excused from paying rent for the period of
of the monthly rent, whichever amount is greater, the            the landlord's noncompliance. In the event the periodic
tenant may recover damages for the breach under                  cost of such substitute housing exceeds the amount of
section 33-1361, subsection B, or may notify the                 the periodic rent, upon delivery by tenant of proof of
landlord of the tenant's intention to correct the                payment for such substitute housing, tenant may
condition at the landlord's expense. After being notified        recover from landlord such excess costs up to an
by the tenant in writing, if the landlord fails to comply        amount not to exceed twenty-five per cent of the
within ten days or as promptly thereafter as conditions          periodic rent which has been excused pursuant to this
require in case of emergency, the tenant may cause               paragraph.
the work to be done by a licensed contractor and, after          B. A landlord shall provide all utilities and services
submitting to the landlord an itemized statement and a           specified in the lease agreement.
waiver of lien, deduct from his rent the actual and              C. A landlord shall not terminate utility services as
reasonable cost of the work, not exceeding the amount            specified in subsection A of this section which are
specified in this subsection.                                    provided to the tenant as part of the rental agreement,
B. A tenant may not repair at the landlord's expense if          except as necessary to make needed repairs or as
the condition was caused by the deliberate or negligent          provided in section 33-1368. Subsequent to the
act or omission of the tenant, a member of the tenant's          execution of the rental agreement, a landlord may not
family or other person on the premises with the                  transfer the responsibility for payment of such utility
tenant's consent.                                                services to the tenant without the tenant's written
                                                                 consent.
§ 33-1364. Wrongful failure to supply heat,                      D. If a landlord is in violation of subsection C of this
air conditioning, cooling, water, hot water or                   section, the tenant may recover damages, costs and
essential services                                               reasonable attorneys fees and obtain injunctive relief.
A. If contrary to the rental agreement or section 33-            Nothing in this section shall preclude a tenant's right to
1324 the landlord deliberately or negligently fails to           recover damages as specified in section 33-1367.
supply running water, gas or electrical service, or both         E. A lease agreement shall not contain any terms
if applicable, and reasonable amounts of hot water or            contrary to this section.
heat, air-conditioning or cooling, where such units are          F. In addition to the remedy provided in paragraph 3 of
installed and offered, or essential services, the tenant         subsection A of this section, in the event the landlord's
may give reasonable notice to the landlord specifying            noncompliance is deliberate, the tenant may recover
the breach and may do one of the following:                      the actual and reasonable cost or fair and reasonable
1. Procure reasonable amounts of hot water, running              value of the substitute housing not in excess of an
water, heat and essential services during the period of          amount equal to the periodic rent.
the landlord's noncompliance and deduct their actual             G. If the tenant proceeds under this section, he may
reasonable cost from the rent. If the landlord has failed        not proceed under section 33-1361 or section 33-1363
to provide any of the utility services specified in this         as to that breach, except as to damages which occur
section due to nonpayment of the landlord's utility bill         prior to the tenant proceeding under subsection A or B
for the premises, and if there is no separate utility            of this section.



Revised December 2009                                       12                          Ken Bennett, Secretary of State
An Arizona Secretary of State publication                                   Arizona Residential Landlord and Tenant Act


H. The rights under this section do not arise until the            § 33-1367. Tenant's remedies for landlord's
tenant has given notice to the landlord and such rights            unlawful ouster, exclusion or diminution of
do not include the right to repair. Such rights do not             services
arise if the condition was caused by the deliberate or             If the landlord unlawfully removes or excludes the
negligent act or omission of the tenant, a member of               tenant from the premises or wilfully diminishes services
the tenant's family or other person on the premises                to the tenant by interrupting or causing the interruption
with the tenant's consent.                                         of electric, gas, water or other essential service to the
                                                                   tenant, the tenant may recover possession or
§ 33-1365. Landlord's noncompliance as                             terminate the rental agreement and, in either case,
defense to action for possession or rent;                          recover an amount not more than two months' periodic
definition                                                         rent or twice the actual damages sustained by him,
A. In an action for possession based upon nonpayment               whichever is greater. If the rental agreement is
of the rent or in an action for rent where the tenant is in        terminated the landlord shall return all security
possession, if the landlord is not in compliance with the          recoverable under section 33-1321.
rental agreement or this chapter, the tenant may
counterclaim for any amount which he may recover                   § 33-1368. oncompliance with rental
under the rental agreement or this chapter. In that                agreement by tenant; failure to pay rent;
event after notice and hearing the court from time to              utility discontinuation; liability for guests;
time may order the tenant to pay into court all or part of
                                                                   definition
the undisputed rent accrued and all periodic rent
                                                                   A. Except as provided in this chapter, if there is a
thereafter accruing and shall determine the amount
                                                                   material noncompliance by the tenant with the rental
due to each party. The party to whom a net amount is
                                                                   agreement, including material falsification of the
owed shall be paid first from the money paid into court
                                                                   information provided on the rental application, the
and the balance, if any, by the other party. However, if
                                                                   landlord may deliver a written notice to the tenant
no rent remains due after application of this section, or
                                                                   specifying the acts and omissions constituting the
if the tenant is adjudged to have acted in good faith
                                                                   breach and that the rental agreement will terminate
and satisfies a judgment for rent entered for the
                                                                   upon a date not less than ten days after receipt of the
landlord, judgment shall be entered for the tenant in
                                                                   notice if the breach is not remedied in ten days. For the
the action for possession.
                                                                   purposes of this section, material falsification shall
B. In an action for rent where the tenant is not in
                                                                   include the following untrue or misleading information
possession, the tenant may counterclaim as provided
                                                                   about the:
in subsection A but the tenant is not required to pay
                                                                   1. Number of occupants in the dwelling unit, pets,
any rent into court.
                                                                   income of prospective tenant, social security number
                                                                   and current employment listed on the application or
§ 33-1366. Fire or casualty damage                                 lease agreement.
A. If the dwelling unit or premises are damaged or
                                                                   2. Tenant's criminal records, prior eviction record and
destroyed by fire or casualty to an extent that
                                                                   current criminal activity. Material falsification of
enjoyment of the dwelling unit is substantially impaired,
                                                                   information in this paragraph is not curable under this
the tenant may do either of the following:
                                                                   section.
1. Immediately vacate the premises and notify the
                                                                   If there is a noncompliance by the tenant with section
landlord in writing within fourteen days thereafter of his
                                                                   33-1341 materially affecting health and safety, the
intention to terminate the rental agreement, in which
                                                                   landlord may deliver a written notice to the tenant
case the rental agreement terminates as of the date of
                                                                   specifying the acts and omissions constituting the
vacating.
                                                                   breach and that the rental agreement will terminate
2. If continued occupancy is lawful, vacate any part of
                                                                   upon a date not less than five days after receipt of the
the dwelling unit rendered unusable by the fire or
                                                                   notice if the breach is not remedied in five days.
casualty, in which case the tenant's liability for rent is
                                                                   However, if the breach is remediable by repair or the
reduced in proportion to the diminution in the fair rental
                                                                   payment of damages or otherwise, and the tenant
value of the dwelling unit.
                                                                   adequately remedies the breach before the date
B. If the rental agreement is terminated the landlord
                                                                   specified in the notice, the rental agreement will not
shall return all security recoverable under section 33-
                                                                   terminate. If there is an additional act of these types of
1321. Accounting for rent in the event of termination or
                                                                   noncompliance of the same or a similar nature during
apportionment is to occur as of the date the tenant
                                                                   the term of the lease after the previous remedy of
vacates all or part of the dwelling unit.
                                                                   noncompliance, the landlord may institute a special
                                                                   detainer action pursuant to section 33-1377 ten days
                                                                   after delivery of a written notice advising the tenant that


Ken Bennett, Secretary of State                               13                                  Revised December 2009
Arizona Residential Landlord and Tenant Act                                   An Arizona Secretary of State publication


a second noncompliance of the same or a similar                  E. The landlord shall hold the tenant's personal
nature has occurred. If there is a breach that is both           property for a period of twenty-one days beginning on
material and irreparable and that occurs on the                  the first day after a writ of restitution or writ of
premises, including but not limited to an illegal                execution is executed as prescribed in section 12-
discharge of a weapon, homicide as defined in                    1181. The landlord shall use reasonable care in
sections 13-1102 through 13-1105, prostitution as                moving and holding the tenant's property and may
defined in section 13-3211, criminal street gang activity        store the tenant's property in an unoccupied dwelling
as prescribed in section 13-105, activity as prohibited          unit owned by the landlord, the unoccupied dwelling
in section 13-2308, the unlawful manufacturing, selling,         unit formerly occupied by the tenant or off the premises
transferring, possessing, using or storing of a                  if an unoccupied dwelling unit is not available. If the
controlled substance as defined in section 13-3451,              tenant's former dwelling unit is used to store the
threatening or intimidating as prohibited in section 13-         property, the landlord may change the locks on that
1202, assault as prohibited in section 13-1203, acts             unit at the landlord's discretion. The landlord shall
that have been found to constitute a nuisance pursuant           prepare an inventory and promptly notify the tenant of
to section 12-991 or a breach of the lease agreement             the location and cost of storage of the personal
that otherwise jeopardizes the health, safety and                property by sending a notice by certified mail, return
welfare of the landlord, the landlord's agent or another         receipt requested, addressed to the tenant's last
tenant or involving imminent or actual serious property          known address and to any of the tenant's alternative
damage, the landlord may deliver a written notice for            addresses known to the landlord. To reclaim the
immediate termination of the rental agreement and                personal property, the tenant shall pay the landlord
shall proceed under section 33-1377.                             only for the cost of removal and storage for the time
B. A tenant may not withhold rent for any reason not             the property is held by the landlord. Within five days
authorized by this chapter. If rent is unpaid when due           after a written offer by the tenant to pay these charges
and the tenant fails to pay rent within five days after          the landlord must surrender possession of the
written notice by the landlord of nonpayment and the             personal property in the landlord's possession to the
landlord's intention to terminate the rental agreement if        tenant upon the tenant's tender of payment. If the
the rent is not paid within that period of time, the             landlord fails to surrender possession of the personal
landlord may terminate the rental agreement by filing a          property to the tenant, the tenant may recover the
special detainer action pursuant to section 33-1377.             possessions or an amount equal to the damages
Before the filing of a special detainer action the rental        determined by the court if the landlord has destroyed
agreement shall be reinstated if the tenant tenders all          or disposed of the possessions before the twenty-one
past due and unpaid periodic rent and a reasonable               days specified in this section or after the tenant's offer
late fee set forth in a written rental agreement. After a        to pay. The tenant shall pay all removal and storage
special detainer action is filed the rental agreement is         costs accrued through the fifth day after the tenant's
reinstated only if the tenant pays all past due rent,            offer to pay is received by the landlord or the date of
reasonable late fees set forth in a written rental               delivery or surrender of the property, whichever is
agreement, attorney fees and court costs. After a                sooner. Payment by the tenant relieves the landlord of
judgment has been entered in a special detainer action           any further responsibility for the tenant's possessions.
in favor of the landlord, any reinstatement of the rental        F. A tenant does not have any right of access to that
agreement is solely in the discretion of the landlord.           property until all payments specified in subsection E of
C. The landlord may recover all reasonable damages,              this section have been made in full, except that the
resulting from noncompliance by the tenant with the              tenant may obtain clothing and the tools, apparatus
rental agreement or section 33-1341 or occupancy of              and books of a trade or profession and identification or
the dwelling unit, court costs, reasonable attorney fees         financial documents including all those related to the
and all quantifiable damage caused by the tenant to              tenant's immigration status, employment status, public
the premises.                                                    assistance or medical care. If the landlord holds the
D. The landlord may discontinue utility services                 property for the twenty-one day period and the tenant
provided by the landlord on the day following the day            does not make a reasonable effort to recover it, the
that a writ of restitution or execution is executed              landlord, upon the expiration of twenty-one days as
pursuant to section 12-1181. Disconnections shall be             provided in this subsection, may administer the
performed only by a person authorized by the utility             personal property as provided in section 33-1370,
whose service is being discontinued. Nothing in this             subsection E. The landlord shall hold personal property
section shall supersede standard tariff and operational          after a writ of restitution or writ of execution is executed
procedures that apply to any public service                      for not more than twenty-one days after such an
corporation, municipal corporation or special districts          execution. Nothing in this subsection shall preclude the
providing utility services in this state.                        landlord and tenant from making an agreement



Revised December 2009                                       14                           Ken Bennett, Secretary of State
An Arizona Secretary of State publication                                   Arizona Residential Landlord and Tenant Act


providing that the landlord will hold the personal                 surrender, the rental agreement is deemed to be
property for a period longer than twenty-one days.                 terminated by the landlord as of the date the landlord
G. For the purposes of this chapter, the tenant shall be           has notice of the abandonment. If the tenancy is from
held responsible for the actions of the tenant's guests            month to month or week to week, the term of the rental
that violate the lease agreement or rules or regulations           agreement for this purpose shall be deemed to be a
of the landlord if the tenant could reasonably be                  month or a week, as the case may be.
expected to be aware that such actions might occur                 D. After the landlord has retaken possession of the
and did not attempt to prevent those actions to the best           dwelling unit, the landlord may store the tenant's
of the tenant's ability.                                           personal possessions in the unoccupied dwelling unit
H. For purposes of this section, "days" means calendar             that was abandoned by the tenant, in any other
days.                                                              available unit or any storage space owned by the
                                                                   landlord or off the premises if a dwelling unit or storage
§ 33-1369. Failure to maintain                                     space is not available. The landlord shall notify the
If there is noncompliance by the tenant with section 33-           tenant of the location of the personal property in the
1341 materially affecting health and safety that can be            same manner prescribed in subsection A of this
remedied by repair, replacement of a damaged item or               section.
cleaning and the tenant fails to comply as promptly as             E. The landlord shall hold the tenant's personal
conditions require in case of emergency or within                  property for a period of ten days after the landlord's
fourteen days after written notice by the landlord                 declaration of abandonment. The landlord shall use
specifying the breach and requesting that the tenant               reasonable care in holding the tenant's personal
remedy it within that period of time, the landlord may             property. If the landlord holds the property for this
enter the dwelling unit and cause the work to be done              period and the tenant makes no reasonable effort to
in a workmanlike manner and submit an itemized bill                recover it, the landlord may sell the property, retain the
for the actual and reasonable cost or the fair and                 proceeds and apply them toward the tenant's
reasonable value thereof as rent on the next date when             outstanding rent or other costs which are covered in
periodic rent is due, or if the rental agreement has               the lease agreement or otherwise provided for in title
terminated, for immediate payment.                                 33, chapter 10 or title 12, chapter 8 and have been
                                                                   incurred by the landlord due to the tenant's
§ 33-1370. Abandonment; notice; remedies;                          abandonment. Any excess proceeds shall be mailed to
personal property; definition                                      the tenant at the tenant's last known address. A tenant
A. If a dwelling unit is abandoned after the time                  does not have any right of access to that property until
prescribed in subsection H of this section, the landlord           the actual removal and storage costs have been paid
shall send the tenant a notice of abandonment by                   in full, except that the tenant may obtain clothing and
certified mail, return receipt requested, addressed to             the tools, apparatus and books of a trade or profession
the tenant's last known address and to any of the                  and any identification or financial documents, including
tenant's alternate addresses known to the landlord.                all those related to the tenant's immigration status,
The landlord shall also post a notice of abandonment               employment status, public assistance or medical care.
on the door to the dwelling unit or any other                      If provided by a written rental agreement, the landlord
conspicuous place on the property for five days.                   may destroy or otherwise dispose of some or all of the
B. Five days after notice of abandonment has been                  property if the landlord reasonably determines that the
both posted and mailed, the landlord may retake the                value of the property is so low that the cost of moving,
dwelling unit and rerent the dwelling unit at a fair rental        storage and conducting a public sale exceeds the
value if no personal property remains in the dwelling              amount that would be realized from the sale.
unit. After the landlord retakes the dwelling unit, money          F. For a period of twelve months after the sale the
held by the landlord as a security deposit is forfeited            landlord shall:
and shall be applied to the payment of any accrued                 1. Keep adequate records of the outstanding and
rent and other reasonable costs incurred by the                    unpaid rent and the sale of the tenant's personal
landlord by reason of the tenant's abandonment.                    property.
C. If the tenant abandons the dwelling unit, the landlord          2. Hold any excess proceeds which have been
shall make reasonable efforts to rent it at a fair rental.         returned as undeliverable for the benefit of the tenant.
If the landlord rents the dwelling unit for a term                 G. If the tenant notifies the landlord in writing on or
beginning prior to the expiration of the rental                    before the date the landlord sells or otherwise
agreement, it is deemed to be terminated as of the                 disposes of the personal property that the tenant
date the new tenancy begins. If the landlord fails to use          intends to remove the personal property from the
reasonable efforts to rent the dwelling unit at a fair             dwelling unit or the place of safekeeping, the tenant
rental or if the landlord accepts the abandonment as a             has five days to reclaim the personal property. To



Ken Bennett, Secretary of State                               15                                 Revised December 2009
Arizona Residential Landlord and Tenant Act                                     An Arizona Secretary of State publication


reclaim the personal property the tenant must only pay             § 33-1374. Recovery of possession limited
the landlord for the cost of removal and storage for the           A landlord may not recover or take possession of the
period the tenant's personal property remained in the              dwelling unit by action or otherwise, including forcible
landlord's safekeeping.                                            removal of the tenant or his possessions, willful
H. In this section "abandonment" means either the                  diminution of services to the tenant by interrupting or
absence of the tenant from the dwelling unit, without              causing the interruption of electric, gas, water or other
notice to the landlord for at least seven days, if rent for        essential service to the tenant, except in case of
the dwelling unit is outstanding and unpaid for ten days           abandonment, surrender or as permitted in this
and there is no reasonable evidence other than the                 chapter.
presence of the tenant's personal property that the
tenant is occupying the residence or the absence of                § 33-1375. Periodic tenancy; hold-over
the tenant for at least five days, if the rent for the             remedies
dwelling unit is outstanding and unpaid for five days              A. The landlord or the tenant may terminate a week-to-
and none of the tenant's personal property is in the               week tenancy by a written notice given to the other at
dwelling unit.                                                     least ten days prior to the termination date specified in
                                                                   the notice.
§ 33-1371. Acceptance of partial payments                          B. The landlord or the tenant may terminate a month-
A. A landlord is not required to accept a partial                  to-month tenancy by a written notice given to the other
payment of rent or other charges. A landlord accepting             at least thirty days prior to the periodic rental date
a partial payment of rent or other charges retains the             specified in the notice.
right to proceed against a tenant only if the tenant               C. If the tenant remains in possession without the
agrees in a contemporaneous writing to the terms and               landlord's consent after expiration of the term of the
conditions of the partial payment with regard to                   rental agreement or its termination, the landlord may
continuation of the tenancy. The written agreement                 bring an action for possession and if the tenant's
shall contain a date on which the balance of the rent is           holdover is willful and not in good faith the landlord, in
due. The landlord may proceed as provided in article 4             addition, may recover an amount equal to not more
of this chapter and in title 12, chapter 8 against a               than two months' periodic rent or twice the actual
tenant in breach of this agreement or any other breach             damages sustained by the landlord, whichever is
of the original rental agreement. If the landlord has              greater. If the landlord consents in writing to the
provided the tenant with a notice of failure to pay rent           tenant's continued occupancy, section 33-1314,
as specified in section 33-1368, subsection B prior to             subsection D applies.
the completion of the agreement for partial payment,
no additional notice under section 33-1368, subsection             § 33-1376. Landlord and tenant remedies for
B is required in case of a breach of the partial payment           abuse of access
agreement.                                                         A. If the tenant refuses to allow lawful access, the
B. Except as specified in subsection A of this section,            landlord may obtain injunctive relief to compel access,
acceptance of rent, or any portion thereof, with                   or terminate the rental agreement. In either case, the
knowledge of a default by tenant or acceptance of                  landlord may recover actual damages.
performance by the tenant that varied from the terms               B. If the landlord makes an unlawful entry or a lawful
of the rental agreement or rules or regulations                    entry in an unreasonable manner or makes repeated
subsequently adopted by the landlord constitutes a                 demands for entry otherwise lawful but which have the
waiver of the right to terminate the rental agreement for          effect of unreasonably harassing the tenant, the tenant
that breach.                                                       may obtain injunctive relief to prevent the recurrence of
                                                                   the conduct or terminate the rental agreement. In
§ 33-1372. Landlord liens; distraint for rent                      either case, the tenant may recover actual damages
A. A lien or security interest on behalf of the landlord in        not less than an amount equal to one month's rent.
the tenant's household goods is not enforceable unless
perfected before the effective date of this chapter.               § 33-1377. Special detainer actions; service;
B. Distraint for rent is abolished.                                trial postponement
                                                                   A. Special detainer actions shall be instituted for
§ 33-1373. Remedy after termination                                remedies prescribed in section 33-1368. Except as
If the rental agreement is terminated, the landlord may
                                                                   provided in this section, the procedure and appeal
have a claim for possession and for rent and a
                                                                   rights prescribed in title 12, chapter 8, article 4 apply to
separate claim for actual damages for breach of the
                                                                   special detainer actions.
rental agreement.
                                                                   B. The summons shall be issued on the day the
                                                                   complaint is filed and shall command the person



Revised December 2009                                         16                           Ken Bennett, Secretary of State
An Arizona Secretary of State publication                                     Arizona Residential Landlord and Tenant Act


against whom the complaint is made to appear and                     possession of the premises since commencement of
answer the complaint at the time and place named                     the action, a writ of restitution shall issue in favor of the
which shall be not more than six nor less than three                 defendant.
days from the date of the summons. The tenant is
deemed to have received the summons three days                          ARTICLE 5. RETALIATORY ACTIO
after the summons is mailed if personal service is
attempted and within one day of issuance of the                      § 33-1381. Retaliatory conduct prohibited
summons a copy of the summons is conspicuously                       A. Except as provided in this section, a landlord may
posted on the main entrance of the tenant's residence                not retaliate by increasing rent or decreasing services
and on the same day the summons is sent by certified                 or by bringing or threatening to bring an action for
mail, return receipt requested, to the tenant's last                 possession after any of the following:
known address. The summons in a special detainer                     1. The tenant has complained to a governmental
action shall be served at least two days before the                  agency charged with responsibility for enforcement of a
return day and the return day made on the day                        building or housing code of a violation applicable to the
assigned for trial. Service of process in this manner                premises materially affecting health and safety.
shall be deemed the equivalent of having served the                  2. The tenant has complained to the landlord of a
tenant in person for the purposes of awarding a money                violation under section 33-1324.
judgment for all rent, damages, costs and attorney                   3. The tenant has organized or become a member of a
fees due.                                                            tenants' union or similar organization.
C. For good cause shown supported by an affidavit,                   4. The tenant has complained to a governmental
the trial may be postponed for not more than three                   agency charged with the responsibility for enforcement
days in a justice court or five days in the superior court.          of the wage-price stabilization act.
D. In addition to determining the right to actual                    B. If the landlord acts in violation of subsection A of
possession, the court may assess damages, attorney                   this section, the tenant is entitled to the remedies
fees and costs as prescribed by law.                                 provided in section 33-1367 and has a defense in
E. If a complaint is filed alleging a material and                   action against him for possession. In an action by or
irreparable breach pursuant to section 33-1368,                      against the tenant, evidence of a complaint within six
subsection A, the summons shall be issued as                         months prior to the alleged act of retaliation creates a
provided in subsection B of this section, except that the            presumption that the landlord's conduct was in
trial date and return date shall be set no later than the            retaliation. The presumption does not arise if the
third day following the filing of the complaint. If after the        tenant made the complaint after notice of termination
hearing the court finds by preponderance of the                      of the rental agreement. "Presumption", in this
evidence that the material and irreparable breach did                subsection, means that the trier of fact must find the
occur, the court shall order restitution in favor of the             existence of the fact presumed unless and until
plaintiff not less than twelve nor more than twenty-four             evidence is introduced which would support a finding of
hours later.                                                         its nonexistence.
F. If the defendant is found guilty, the court shall give            C. Notwithstanding subsections A and B of this
judgment for the plaintiff for restitution of the premises,          section, a landlord may bring an action for possession
for late charges stated in the rental agreement, for                 if either of the following occurs:
costs and, at the plaintiff's option, for all rent found to          1. The violation of the applicable building or housing
be due and unpaid through the periodic rental period                 code was caused primarily by lack of reasonable care
provided for in the rental agreement as described in                 by the tenant or other person in his household or upon
section 33-1314, subsection C and shall grant a writ of              the premises with his consent.
restitution.                                                         2. The tenant is in default in rent. The maintenance of
G. If the defendant is found not guilty, judgment shall              the action does not release the landlord from liability
be given for the defendant against the plaintiff for                 under section 33-1361, subsection B.
costs, and if it appears that the plaintiff has acquired




Ken Bennett, Secretary of State                                 17                                   Revised December 2009
Arizona Residential Landlord and Tenant Act                                    An Arizona Secretary of State publication



                                     ARIZO A REVISED STATUTES
                                            TITLE 33. PROPERTY
                     CHAPTER 17. RESIDE TIAL RE TAL PROPERTY
   ARTICLE 1. GE ERAL PROVISIO S                                  § 33-1902. Residential rental property;
§ 33-1901.       Definitions                                      recording with the assessor; agent
§ 33-1902.       Residential rental property; recording           designation; civil penalty; fee
                 with the assessor; agent designation;
                                                                  A. An owner of residential rental property shall
                 civil penalty; fee
                                                                  maintain with the assessor in the county where the
§ 33-1903.       Appointment of temporary receiver;
                                                                  property is located information required by this section
                 term; duties, accounting
                                                                  in a manner to be determined by the assessor. The
§ 33-1904.       Inspections
                                                                  owner shall update any information required by this
§ 33-1905.       Slum property; appeal
                                                                  section within ten days after a change in the
§ 33-1906.       Licensed property management
                                                                  information occurs. The following information shall be
                 company; training program
                                                                  maintained:
§ 33-1907.       Registration with one-call notification
                                                                  1. The name, address and telephone number of the
                 center
                                                                  property owner.
   ARTICLE 1. GE ERAL PROVISIO S                                  2. If the property is owned by a corporation, limited
                                                                  liability company, partnership, limited partnership, trust
§ 33-1901. Definitions                                            or real estate investment trust, the name, address and
In this article, unless the context otherwise requires:           telephone number of any of the following:
1. "Managing agent" means a person, corporation,                  (a) For a corporation, a corporate officer.
partnership or limited liability company that is                  (b) For a partnership, a general partner.
authorized by the owner to operate and manage the                 (c) For a limited liability company, the managing or
property.                                                         administrative member.
2. "Residential rental property" means property that is           (d) For a limited partnership, a general partner.
used solely as leased or rented property for residential          (e) For a trust, a trustee.
purposes. If the property is a space rental mobile home           (f) For a real estate investment trust, a general partner
park, residential rental property includes the rental             or an officer.
space that is leased or rented by the owner of that               3. The street address and parcel number of the
rental space but does not include the mobile home or              property.
recreational vehicle that serves as the actual dwelling if        4. The year the building was built.
the dwelling is owned and occupied by the tenant of               B. An owner of residential rental property who lives
the rental space and not by the owner of the rental               outside this state shall designate and record with the
space.                                                            assessor a statutory agent who lives in this state and
3. "Slum property" means residential rental property              who will accept legal service on behalf of the owner.
that has deteriorated or is in a state of disrepair and           The owner shall designate the agent in a manner to be
that manifests one or more of the following conditions            determined by the assessor. The information shall
that are a danger to the health or safety of the public:          include the name, address and telephone number of
(a) Structurally unsound exterior surfaces, roof, walls,          the agent.
doors, floors, stairwells, porches or railings.                   C. Residential rental property shall not be occupied if
(b) Lack of potable water, adequate sanitation facilities,        the information required by this section is not on file
adequate water or waste pipe connections.                         with the county assessor. If the owner has not filed the
(c) Hazardous electrical systems or gas connections.              information required by this section with the county
(d) Lack of safe, rapid egress.                                   assessor and the residential rental property is occupied
(e) Accumulation of human or animal waste, medical                by a tenant and the tenant chooses to terminate the
or biological waste, gaseous or combustible materials,            tenancy, the tenant shall deliver to the landlord, owner
dangerous or corrosive liquids, flammable or explosive            or managing agent of the property a written ten day
materials or drug paraphernalia.                                  notice to comply with this section. The notice shall be
                                                                  delivered by certified mail, return receipt requested, or
                                                                  by hand delivery. If the owner does not comply with this
                                                                  section within ten days after receipt of the notice, the
                                                                  tenant may terminate the rental agreement and the



Revised December 2009                                        18                          Ken Bennett, Secretary of State
An Arizona Secretary of State publication                                 Arizona Residential Landlord and Tenant Act


landlord shall return all prepaid rent to the tenant.            temporary receiver to manage a property that is
Security deposits shall be returned in accordance with           designated as a slum property by a city, town or county
section 33-1321, subsection D. The landlord shall                or the state.
return those monies by certified mail, return receipt            B. If the court determines that the appointment of a
requested, or by hand delivery to the tenant within ten          temporary receiver is necessary, the court may order
days after the termination of the rental agreement. This         the appointment of a temporary receiver to manage or
subsection applies to any existing lease and to any              operate the premises for as long as the court deems
new lease after August 25, 2004. Notwithstanding this            necessary. The court shall not appoint a temporary
subsection, an owner is in compliance with this                  receiver for a term of more than one year.
subsection only if the owner had filed the information           C. A temporary receiver who is appointed pursuant to
required by subsection A of this section with the county         subsection B of this section either shall be a real estate
assessor.                                                        licensee specializing in property management or an
D. All records, files and documents that are required by         attorney specializing in real estate law and shall swear
this section are public records.                                 or affirm to faithfully and fairly discharge the receiver's
E. For residential rental property that is acquired by an        duties. The court may require the temporary receiver to
owner after the date of the notice of assessed                   post a bond in an amount fixed by the court.
valuation and the notice prescribed by section 42-               D. The court shall determine the following:
15103 and until the issuance of the next notice of               1. The management duties of the receiver.
assessed valuation, a city or town shall assess a civil          2. The amount of compensation to be paid to the
penalty of one thousand dollars against a person who             receiver.
fails to comply with this section, plus an additional one        3. The method of payment.
hundred dollars for each month after the date of the             4. The payment periods.
original violation until compliance occurs. The court            E. The temporary receiver shall continue to manage
shall not suspend any portion of the civil penalty               the property during the pendency of any appeal or until
provided by this subsection.                                     relieved by the court. The court may remove a
F. Notwithstanding subsection E of this section, if a            temporary receiver on its own motion or on the motion
person complies within ten days after receiving the              of any party or the temporary receiver.
complaint that notices the violation, the court shall            F. The temporary receiver may do any of the following:
dismiss the complaint and shall not impose a civil               1. Take control of the property.
penalty.                                                         2. Pay the mortgage on the property if there are
G. Except for newly acquired residential rental property         sufficient monies derived from the income of the
as prescribed by subsection E of this section, if a              property to do so.
residential rental property owner fails to register with         3. Collect rents due on the property.
the county assessor as prescribed by this section, the           4. Make or have made any repairs that are necessary
city or town may impose a civil penalty in the amount of         to bring the property into compliance with any statute
one hundred fifty dollars per day for each day of                or ordinance.
violation after the date of the most recent notice of            5. Make payments that are necessary for the
assessed valuation and the notice prescribed by                  maintenance or restoration of utilities to the property.
section 42-15103. If a person complies within ten days           6. Purchase materials that are necessary to make
after receiving the notice from the county assessor, the         repairs.
court shall dismiss the complaint and shall not impose           7. Renew, terminate or modify existing rental contracts
a civil penalty.                                                 and leases as provided by law.
H. In carrying out this section, the county assessor             8. Enter into new rental contracts and leases.
shall have immunity as provided in section 12-820.01.            9. Affirm, renew or terminate an existing insurance
I. The county assessor may assess a fee of not more              contract that covers the property as provided by law.
than ten dollars for each initial registration and each          10. Enter into a new contract that provides for
change of information in the registry.                           insurance coverage on the property.
J. On request from a city or town the county assessor            11. Hire security or other personnel that are necessary
shall provide the most current list of all registered            for the safe and proper operation and maintenance of
rental property owners within the city's or town's               the property.
boundaries.                                                      12. Prosecute or defend suits that flow from the
                                                                 management of the property and retain counsel.
§ 33-1903. Appointment of temporary                              13. Exercise all other authority that an owner of the
receiver; term; duties, accounting                               property would have except the authority to sell the
A. This state or a city, town or county of this state may        property.
apply to the superior court for the appointment of a             G. Before the receiver spends monies in excess of ten



Ken Bennett, Secretary of State                             19                                  Revised December 2009
Arizona Residential Landlord and Tenant Act                                      An Arizona Secretary of State publication


thousand dollars the court and the party who is                     the process by which a property is designated as a
responsible for the payment of the temporary receiver's             slum property.
expenditures shall approve the expenditure of those                 B. The property owner is responsible for the costs of
monies.                                                             an inspection that is conducted pursuant to this
H. The costs of compensation to and expenditures by                 section. If the property that is inspected is a dwelling
the temporary receiver shall be paid in the following               unit in a space rental mobile home park or recreational
order of priority:                                                  vehicle park that is not owned by a landlord, the owner
1. From the income that is derived from the property                of the dwelling unit is responsible for the costs of the
and that is available after all taxes and mortgages are             inspection.
satisfied.                                                          C. On recording a penalty or inspection cost with the
2. By the party who requested the appointment of the                recorder's office in the county in which the property is
temporary receiver.                                                 located, the penalty or inspection cost is deemed to be
I. On filing with the county recorder of the county in              an assessment and is prior to all other liens,
which the property is located, a lien is created in favor           obligations or encumbrances except for liens under
of the party who pays the temporary receiver's costs of             title 12, chapter 7, article 12, prior recorded mortgages,
compensation and expenditures other than the                        restitution liens, child support liens and general tax
defendant. The lien is prior to all other liens, obligations        liens. If the property that was inspected was a dwelling
or encumbrances except for prior recorded mortgages,                unit in a space rental mobile home park or recreational
restitution liens, child support liens and general tax              vehicle park that is not owned by a landlord, a lien shall
liens.                                                              not be recorded against the owner of the property other
J. On the completion of the receivership, the temporary             than the dwelling. The lien may be filed with the
receiver shall file with the court a full accounting of all         department of transportation and, if filed, has the same
costs and expenses incurred and all income received                 effect as otherwise provided for in this section.
during course of the receivership.                                  D. This section shall not affect any other statute or
K. On finding that the appointment of a temporary                   ordinance pertaining to inspection of property.
receiver is no longer warranted, the court on its own
motion or the motion of any party may terminate the                 § 33-1905. Slum property; appeal
temporary receivership.                                             A. A governmental agency that may designate a
L. After all violations have been cured, the temporary              residential rental property as a slum property shall
receivership shall be terminated.                                   establish procedures by which the owner of the
                                                                    property may file an administrative appeal contesting
§ 33-1904. Inspections                                              the designation of the property.
A. In addition to any other statute or ordinance                    B. The decision at the hearing on the administrative
providing for the inspection of property, a city, town or           appeal is the final administrative decision.
county or the state may inspect the residential rental              C. A party may appeal the administrative decision
property if either of the following occurs:                         pursuant to title 12, chapter 7, article 6.
1. A property owner fails to comply with the provisions
of section 33-1902. The property is subject to                      § 33-1906. Licensed property management
immediate inspection until there is compliance. If the              company; training program
property is occupied, the inspecting authority shall                A city or town may require a residential rental property
request consent of the tenant before entering the                   owner whose property has been designated as a slum
interior of the structure. Except as otherwise provided             or exhibits the criteria prescribed in section 9-1303,
by law, the right of inspection does not extend to the              relating to violations that materially affect the health
interior of a dwelling unit in a space rental mobile home           and safety of the occupants of the property, to hire a
park or recreational vehicle park that is not owned by a            property management firm that is regulated pursuant to
landlord unless the tenant is in possession of the                  title 32, chapter 20, article 3.1 to manage the property,
dwelling unit or, if the dwelling unit is vacant or                 participate in the city or town's crime free multihousing
abandoned, the owner consents to the inspection. If                 program, if applicable, and attend city or town
the tenant refuses to consent to the entry, the                     approved landlord tenant training classes if available
inspecting authority has recourse to any remedy                     from the city or town. The city or town may also require
provided by law to secure entry.                                    the property owner to participate in comparable training
2. A property has been designated as a slum property                provided by a nonprofit corporation that is designated
by a city, town or county or the state. The city, town,             as a section 501(c)(3), 501(c)(4), 501(c)(5) or
county or state may annually inspect a property                     501(c)(6) corporation and that is certified by the city or
designated as a slum property for three consecutive                 town to provide that training. This shall not apply to
years. A city, town or county or the state shall establish          mobile home parks which are in compliance with



Revised December 2009                                          20                          Ken Bennett, Secretary of State
An Arizona Secretary of State publication                                 Arizona Residential Landlord and Tenant Act


section 33-1437.                                                 community as defined in section 40-360.21 or a
                                                                 landlord of a mobile home park from the obligation to
§ 33-1907. Registration with one-call                            register with a one-call notification center as prescribed
notification center
This article does not relieve a landlord of an apartment
by section 40-360.32.


                                      ARIZONA REVISED STATUTES
                                           TITLE 33. PROPERTY
                             CHAPTER 3. LA DLORD A D TE A T
     ARTICLE 1. OBLIGATIO S A D                                                ARTICLE 5.
      LIABILITIES OF LA DLORD                                           APPLICABILITY OF CHAPTER
Section                                                          Section
§ 33-301.        Posting of lien law and rates by                § 33-381.        Limitation
                 innkeepers
§ 33-302.        Maintenance of fireproof safe by                      ARTICLE 1. OBLIGATIO S A D
                 innkeeper for deposit of valuables by                  LIABILITIES OF LA DLORD
                 guests; limitations on liability of
                 innkeeper for loss of property of               § 33-301. Posting of lien law and rates by
                 guests                                          innkeepers
§ 33-303.        Discrimination by landlord or lessor            Every keeper of a hotel, inn, boarding, lodging or
                 against     tenant     with    children         apartment house, or auto camp, shall post in a
                 prohibited; classification; exceptions          conspicuous place in the office or public room, and in
                                                                 every bedroom of the establishment, a printed copy of
     ARTICLE 2. OBLIGATIO S A D                                  sections 33-951 and 33-952, with a printed statement
       LIABILITIES OF TE A T                                     of charges by the day, week or month for meals,
Section                                                          lodging or other items furnished.
§ 33-321.        Maintenance of premises
§ 33-322.        Damage to premises; classification              § 33-302. Maintenance of fireproof safe by
§ 33-323.        Liability of person in possession of            innkeeper for deposit of valuables by guests;
                 land for rent due thereon                       limitations on liability of innkeeper for loss of
§ 33-324.        Denial of landlord's title by lessee in         property of guests
                 possession prohibited
                                                                 A. An innkeeper who maintains a fireproof safe and
      ARTICLE 3. TERMI ATIO OF                                   gives notice by posting in a conspicuous place in the
                                                                 office or in the room of each guest that money, jewelry,
             TE A CIES                                           documents and other articles of small size and unusual
Section                                                          value may be deposited in the safe, is not liable for
§ 33-341.        Termination of tenancies                        loss of or injury to any such article not deposited in the
§ 33-342.        Effect of lessee holding over                   safe, which is not the result of his own act.
§ 33-343.        Premises rendered untenantable                  B. An innkeeper may refuse to receive for deposit from
                 without fault of lessee; nonliability of        a guest articles exceeding a total value of five hundred
                 tenant for rent; right to quit premises         dollars, and unless otherwise agreed to in writing shall
                 ARTICLE 4.                                      not be liable in an amount in excess of five hundred
                                                                 dollars for loss of or damage to property deposited by a
            REMEDIES OF LA DLORD                                 guest in such safe unless the loss or damage is the
Section                                                          result of the fault or negligence of the innkeeper.
§ 33-361.        Violation of lease by tenant; right of          C. The innkeeper shall not be liable for loss of or
                 landlord to reenter; summary action             damage to merchandise samples or merchandise for
                 for recovery of premises; appeal; lien          sale displayed by a guest unless the guest gives prior
                 for unpaid rent; enforcement                    written notice to the innkeeper of having and displaying
§ 33-362.        Landlord's lien for rent                        the merchandise or merchandise samples, and the
                                                                 innkeeper acknowledges receipt of such notice, but in


Ken Bennett, Secretary of State                             21                                 Revised December 2009
Arizona Residential Landlord and Tenant Act                                     An Arizona Secretary of State publication


no event shall liability for such loss or damage exceed            the landlord of other legal remedies for recovery of
five hundred dollars unless it results from the fault or           rent.
negligence of the innkeeper.
D. The liability of an innkeeper to a guest shall be               § 33-324. Denial of landlord's title by lessee in
limited to one hundred dollars for property delivered to           possession prohibited
the innkeeper to be kept in a storeroom or baggage                 When a person enters into possession of real property
room and to seventy-five dollars for property deposited            under a lease, he may not, while in possession, deny
in a parcel or checkroom.                                          the title of his landlord in an action brought upon the
E. For the purpose of this section the term "inn"                  lease by the landlord or a person claiming under him.
includes hotel, boarding house, lodging house,
apartment house, motel and auto camp.                                    ARTICLE 3. TERMI ATIO OF
                                                                                TE A CIES
§ 33-303. Discrimination by landlord or lessor
against tenant with children prohibited;                           § 33-341. Termination of tenancies
classification; exceptions                                         A. A tenancy from year to year terminates at the end of
A. A person who knowingly refuses to rent to any other             each year unless written permission is given to remain
person a place to be used for a dwelling for the reason            for a longer period. The permission shall specify the
that the other person has a child or children, or who              time the tenant may remain, and upon termination of
advertises in connection with the rental a restriction             such time the tenancy expires.
against children, either by the display of a sign,                 B. A lease from month to month may be terminated by
placard, written or printed notice, or by publication              the landlord giving at least ten days notice thereof. In
thereof in a newspaper of general circulation, is guilty           case of nonpayment of rent notice is not required.
of a petty offense.                                                C. A tenant from month to month shall give ten days
B. No person shall rent or lease his property to another           notice, and a tenant on a semimonthly basis shall give
in violation of a valid restrictive covenant against the           five days notice, of his intention to terminate
sale of such property to persons who have a child or               possession of the premises. Failure to give the notice
children living with them nor shall a person rent or               renders the tenant liable for the rent for the ensuing ten
lease his property to persons who have a child or                  days.
children living with them when his property lies within a          D. When a tenancy is for a certain period under verbal
subdivision which subdivision is presently designed,               or written agreement, and the time expires, the tenant
advertised and used as an exclusive adult subdivision.             shall surrender possession. Notice to quit or demand
A person who knowingly rents or leases his property in             of possession is not then necessary.
violation of the provisions of this subsection is guilty of        E. A tenant who holds possession of property against
a petty offense.                                                   the will of the landlord, except as provided
                                                                   in this section, shall not be considered a tenant at
      ARTICLE 2. OBLIGATIO S A D                                   sufferance or at will.
        LIABILITIES OF TE A T
                                                                   § 33-341. Termination of tenancies
§ 33-321. Maintenance of premises                                  A. A tenancy from year to year terminates at the end of
A tenant shall exercise diligence to maintain the                  each year unless written permission is given to remain
premises in as good condition as when he took                      for a longer period. The permission shall specify the
possession, ordinary wear and tear excepted.                       time the tenant may remain, and upon termination of
                                                                   such time the tenancy expires.
§ 33-322. Damage to premises; classification                       B. A lease from month to month may be terminated by
Removal or intentional and material alteration or                  the landlord giving at least ten days notice thereof. In
damage of any part of a building, the furnishings                  case of nonpayment of rent notice is not required.
thereof, or any permanent fixture, by or at the instance           C. A tenant from month to month shall give ten days
of the tenant, without written permission of the landlord          notice, and a tenant on a semimonthly basis shall give
or his agent, is a class 2 misdemeanor.                            five days notice, of his intention to terminate
                                                                   possession of the premises. Failure to give the notice
§ 33-323. Liability of person in possession of                     renders the tenant liable for the rent for the ensuing ten
land for rent due thereon                                          days.
Every person in possession of land out of which rent is            D. When a tenancy is for a certain period under verbal
due is liable for the amount or proportion of rent due             or written agreement, and the time expires, the tenant
from the lands in his possession, although it is only a            shall surrender possession. Notice to quit or demand
part of the land originally demised, without depriving             of possession is not then necessary.



Revised December 2009                                         22                          Ken Bennett, Secretary of State
An Arizona Secretary of State publication                                 Arizona Residential Landlord and Tenant Act


E. A tenant who holds possession of property against             pending the appeal and all damages, attorney fees,
the will of the landlord, except as provided in this             costs and rent adjudged against the appellant.
section, shall not be considered a tenant at sufferance          D. If the tenant refuses or fails to pay rent owing and
or at will.                                                      due, the landlord shall have a lien upon and may seize
                                                                 as much personal property of the tenant located on the
§ 33-342. Effect of lessee holding over                          premises and not exempted by law as is necessary to
When a lessee holds over and retains possession after            secure payment of the rent. If the rent is not paid and
expiration of the term of the lease without express              satisfied within sixty days after seizure as provided for
contract with the owner, the holding over shall not              in this section, the landlord may sell the seized
operate to renew the lease for the term of the former            personal property in the manner provided by section
lease, but thereafter the tenancy is from month to               33-1023.
month.                                                           E. When premises are sublet or the lease is assigned,
                                                                 the landlord shall have a like lien against the sublessee
§ 33-343. Premises rendered untenantable                         or assignee as the landlord has against the tenant and
without fault of lessee; nonliability of tenant                  may enforce it in the same manner.
for rent; right to quit premises
The lessee of a building which, without fault or neglect         § 33-362. Landlord's lien for rent
on the part of the lessee, is destroyed or so injured by         A. The landlord shall have a lien on all property of his
the elements or any other cause as to be untenantable            tenant not exempt by law, placed upon or used on the
or unfit for occupancy, is not liable thereafter to pay          leased premises, until the rent is paid. The lien shall
rent to the lessor or owner unless expressly provided            not secure the payment of rent accruing after the death
by written agreement, and the lessee may thereupon               or bankruptcy of the lessee, or after an assignment for
quit and surrender possession of the premises.                   the benefit of the lessee's creditors.
                                                                 B. The landlord may seize for rent any personal
              ARTICLE 4.                                         property of his tenant found on the premises, but the
         REMEDIES OF LA DLORD                                    property of any other person, although found on the
                                                                 premises, shall not be liable therefor. If the tenant fails
§ 33-361. Violation of lease by tenant; right of                 to allow the landlord to take possession of such
landlord to reenter; summary action for                          property, the landlord may reduce the property to
recovery of premises; appeal; lien for unpaid                    possession by an action to recover possession, and
                                                                 may hold or sell the property for the payment of the
rent; enforcement                                                rent.
A. When a tenant neglects or refuses to pay rent when            C. The landlord shall have a lien for rent upon crops
due and in arrears for five days, or when a tenant               grown or growing upon the leased premises, whether
violates any provision of the lease, the landlord or             the rent is payable in money, articles of property or
person to whom the rent is due, or the agent of the              products of the premises, and also for the faithful
landlord or person to whom the rent is due, may                  performance of the terms of the lease, and the lien
reenter and take possession, or, without formal                  shall continue for a period of six months after
demand or reentry, commence an action for recovery               expiration of the term of the lease.
of possession of the premises.                                   D. When premises are sublet, or when the lease is
B. The action shall be commenced, conducted and                  assigned, the landlord shall have the same lien against
governed as provided for actions for forcible entry or           the sublessee or assignee as he has against the
detainer and shall be tried not less than five nor more          tenant and may enforce the lien in like manner.
than thirty days after its commencement. In addition to
determining the right to actual possession, the court                          ARTICLE 5.
may assess damages, attorney fees and costs                             APPLICABILITY OF CHAPTER
pursuant to section 12-1178.
C. If judgment is given for the plaintiff, the defendant,        § 33-381. Limitation
in order to perfect an appeal, shall file a bond with the        This chapter shall apply to all landlord-tenant
court in an amount fixed and approved by the court               relationships except for landlord-tenant relationships
and payable to the clerk of the superior court,                  arising out of the rental of dwelling units which shall be
conditioned that the appellant will prosecute the appeal         governed by chapter 10 or 11 of this title.
to effect and will pay the rental value of the premises




Ken Bennett, Secretary of State                             23                                  Revised December 2009
Arizona Residential Landlord and Tenant Act                                  An Arizona Secretary of State publication



                                      ARIZONA REVISED STATUTES
                       TITLE 12. COURTS A D CIVIL PROCEEDI GS
                            CHAPTER 8. SPECIAL ACTIO S A D
                          PROCEEDI GS RELATI G TO PROPERTY
   ARTICLE 4. FORCIBLE E TRY A D                                § 12-1172. Definition of forcible entry
              DETAI ER                                          A "forcible entry," or an entry where entry is not given
Section                                                         by law within the meaning of this article, is:
§ 12-1171.       Acts which constitute forcible entry           1. An entry without the consent of the person having
                 or detainer                                    the actual possession.
§ 12-1172.       Definition of forcible entry                   2. As to a landlord, an entry upon the possession of his
§ 12-1173.       Definition of forcible detainer;               tenant at will or by sufferance, whether with or without
                 substitution of parties                        the tenant's consent.
§ 12-1173.01.    Additional definition of forcible
                 detainer                                       § 12-1173. Definition of forcible detainer;
§ 12-1174.       Immateriality of time possession               substitution of parties
                 obtained by tenant                             There is a forcible detainer if:
§ 12-1175.       Complaint and answer; service and              1. A tenant at will or by sufferance or a tenant from
                 return                                         month to month or a lesser period whose tenancy has
§ 12-1176.       Demand for jury; trial procedure               been terminated retains possession after his tenancy
§ 12-1177.       Trial and issue; postponement of               has been terminated or after he receives written
                 trial                                          demand of possession by the landlord.
§ 12-1178.       Judgment; writ of restitution;                 2. The tenant of a person who has made a forcible
                 limitation on issuance; criminal               entry refuses for five days after written demand to give
                 violation; notice                              possession to the person upon whose possession the
§ 12-1179.       Appeal to superior court; notice;              forcible entry was made.
                 bond                                           3. A person who has made a forcible entry upon the
§ 12-1180.       Stay of proceedings on judgment;               possession of one who acquired such possession by
                 record on appeal                               forcible entry refuses for five days after written demand
§ 12-1181.       Trial and judgment on appeal; writ of          to give possession to the person upon whose
                 restitution                                    possession the first forcible entry was made.
§ 12-1182.       Appeal to supreme court; stay and              4. A person who has made a forcible entry upon the
                 bond                                           possession of a tenant for a term refuses to deliver
§ 12-1183.       Proceedings no bar to certain actions          possession to the landlord for five days after written
                                                                demand, after the term expires. If the term expires
   ARTICLE 4. FORCIBLE E TRY A D                                while a writ of forcible entry applied for by the tenant is
              DETAI ER                                          pending, the landlord may, at his own cost and for his
                                                                own benefit, prosecute it in the name of the tenant.
§ 12-1171. Acts which constitute forcible
entry or detainer                                               § 12-1173.01. Additional definition of forcible
A person is guilty of forcible entry and detainer, or of        detainer
forcible detainer, as the case may be, if he:                   A. In addition to other persons enumerated in this
1. Makes an entry into any lands, tenements or other            article, a person in any of the following cases who
real property, except in cases where entry is given by          retains possession of any land, tenements or other real
law.                                                            property after he receives written demand of
2. Makes such an entry by force.                                possession may be removed through an action for
3. Wilfully and without force holds over any lands,             forcible detainer filed with the clerk of the superior
tenements or other real property after termination of           court in accordance with this article:
the time for which such lands, tenements or other real          1. If the property has been sold through the foreclosure
property were let to him or to the person under whom            of a mortgage, deed of trust or contract for conveyance
he claims, after demand made in writing for the                 of real property pursuant to title 33, chapter 6, article 2.
possession thereof by the person entitled to such               2. If the property has been sold through a trustee's sale
possession.                                                     under a deed of trust pursuant to title 33, chapter 6.1.



Revised December 2009                                      24                           Ken Bennett, Secretary of State
An Arizona Secretary of State publication                                   Arizona Residential Landlord and Tenant Act


3. If the property has been forfeited through a contract           into.
for conveyance of real property pursuant to title 33,              B. If a jury is demanded, it shall return a verdict of
chapter 6, article 3.                                              guilty or not guilty of the charge as stated in the
4. If the property has been sold by virtue of an                   complaint. If a jury is not demanded the action shall be
execution and the title has been duly transferred.                 tried by the court.
5. If the property has been sold by the owner and the              C. For good cause shown, supported by affidavit, the
title has been duly transferred.                                   trial may be postponed for a time not to exceed three
B. The remedies provided by this section do not affect             calendar days in a justice court or ten calendar days in
the rights of persons in possession under a lease or               the superior court.
other possessory right which is superior to the interest
sold, forfeited or executed upon.                                  § 12-1178. Judgment; writ of restitution;
C. The remedies provided by this section are in                    limitation on issuance; criminal violation;
addition to and do not preclude any other remedy                   notice
granted by law.                                                    A. If the defendant is found guilty of forcible entry and
                                                                   detainer or forcible detainer, the court shall give
§ 12-1174. Immateriality of time possession                        judgment for the plaintiff for restitution of the premises,
obtained by tenant                                                 for all charges stated in the rental agreement and for
It is not material whether a tenant received possession            damages, attorney fees, court and other costs and, at
from his landlord or became his tenant after obtaining             the plaintiff's option, all rent found to be due and
possession.                                                        unpaid through the periodic rental period, as described
                                                                   in section 33-1314, subsection C, as provided for in the
§ 12-1175. Complaint and answer; service                           rental agreement, and shall grant a writ of restitution.
and return                                                         The person designated by the judge to prepare the
A. When a party aggrieved files a complaint of forcible            judgment shall ensure that the defendant's social
entry or forcible detainer, in writing and under oath,             security number is not contained on the judgment.
with the clerk of the superior court or a justice of the           B. If the defendant is found not guilty of forcible entry
peace, summons shall issue no later than the next                  and detainer or forcible detainer, judgment shall be
judicial day.                                                      given for the defendant against the plaintiff for
B. The complaint shall contain a description of the                damages, attorney fees and court and other costs, and
premises of which possession is claimed in sufficient              if it appears that the plaintiff has acquired possession
detail to identify them and shall also state the facts             of the premises since commencement of the action, a
which entitle the plaintiff to possession and authorize            writ of restitution shall issue in favor of the defendant.
the action.                                                        C. No writ of restitution shall issue until the expiration
C. The summons shall be served at least two days                   of five calendar days after the rendition of judgment.
before the return day, and return made thereof on the              The writ of restitution shall be enforced as promptly
day assigned for trial.                                            and expeditiously as possible. The issuance or
                                                                   enforcement of a writ of restitution shall not be
§ 12-1176. Demand for jury; trial procedure                        suspended, delayed or otherwise affected by the filing
A. If a jury trial is requested by the plaintiff, the court        of a motion to set aside or vacate the judgment or
shall grant the request. If the proceeding is in the               similar motion unless a judge finds good cause.
superior court, the jury shall consist of eight persons,           D. A defendant who is lawfully served with a writ of
and if the proceeding is in the justice court, the jury            restitution and who remains in or returns to the
shall consist of six persons. The trial date shall be no           dwelling unit, as defined in section 33-1310, or remains
more than five judicial days after the aggrieved party             on or returns to the mobile home space, as defined in
files the complaint.                                               section 33-1409, or the recreational vehicle space, as
B. If the plaintiff does not request a jury, the defendant         defined in section 33-2102, without the express
may do so on appearing and the request shall be                    permission of the owner of the property or the person
granted.                                                           with lawful control of the property commits criminal
C. The action shall be docketed and tried as other civil           trespass in the third degree pursuant to section 13-
actions.                                                           1502.
                                                                   E. If the defendant is found guilty of forcible entry and
§ 12-1177. Trial and issue; postponement of                        detainer or forcible detainer, the court shall give the
trial                                                              defendant notice that a defendant who is lawfully
A. On the trial of an action of forcible entry or forcible         served with a writ of restitution and who remains in or
detainer, the only issue shall be the right of actual              returns to the dwelling unit or remains on or returns to
possession and the merits of title shall not be inquired           the mobile home space or the recreational vehicle



Ken Bennett, Secretary of State                               25                                  Revised December 2009
Arizona Residential Landlord and Tenant Act                                     An Arizona Secretary of State publication


space without the express permission of the owner of               the justice court as set forth in this subsection, the
the property or the person with lawful control of the              order of the court may include a one-time handling fee
property commits criminal trespass in the third degree             in the amount of ten dollars to be paid by the party
pursuant to section 13-1502.                                       seeking to stay the execution of the judgment for
                                                                   possession. In no event shall the amounts paid per
§ 12-1179. Appeal to superior court; notice;                       month exceed the amount of monthly rent charged by
bond                                                               the owner for the premises. If the tenant raises
A. Either party may appeal from a justice court to the             habitability as provided for in sections 33-1324 and 33-
superior court in the county in which the judgment is              1364 as an affirmative defense to the nonpayment of
given by giving notice as in other civil actions within            rent or the tenant has filed a counterclaim asserting a
five calendar days after rendition of the judgment                 habitability issue, the justice court shall retain all
pursuant to this section. The appeal shall be filed in             money paid under this subsection pending a final
accordance with this section, and the time to appeal               judgment.
shall not be extended or otherwise affected by the filing          E. If during the pendency of the appeal the party
of a motion to set aside or vacate the judgment or                 seeking to stay the execution of the judgment for
similar motion.                                                    possession fails to pay the rent on the periodic rental
B. A party seeking to appeal a judgment shall file with            due date, the party in whose favor a judgment for
the notice of appeal a bond for costs on appeal. The               possession was issued may move the justice court to
justice of the peace shall set the bond in an amount               lift the stay of the execution of the judgment for
sufficient to cover the costs on appeal. The bond shall            possession. The justice court shall hear the motion to
be payable to the clerk of the justice court. If a party is        lift the stay of the execution of the judgment for
unable to file a bond for costs on appeal, the party               possession and release accrued monies, if any, within
shall file with the justice court a notice of appeal along         five court days from the failure of the party to pay the
with an affidavit stating that the party is unable to give         periodic rent due under the terms of the lease or rental
bond for costs on appeal and the reasons therefor.                 agreement. If the judgment appealed from involves a
Within five court days after the filing of the affidavit,          finding of a material and irreparable breach pursuant to
any other party may file, in the justice court, objections         section 33-1368 or section 33-1476, subsection D,
to the affidavit. The justice of the peace shall hold a            paragraph 3 the justice court shall treat it as an
hearing on the affidavit and objections within five court          emergency matter and conduct a hearing on a motion
days thereafter. If the justice court sustains the                 to lift the stay of execution of the writ of restitution
objections, the appellant shall file, within five court            within three days. If the third day is a Saturday, Sunday
days thereafter, a bond for costs on appeal as                     or other legal holiday, the hearing shall be held on the
provided for in this section or in such lesser amount as           next day thereafter.
ordered by the justice court.                                      F. The party seeking to stay the execution of the
C. A party seeking to appeal a judgment may stay the               judgment for money damages shall file a supersedeas
execution of either the judgment for possession or any             bond in the amount of the judgment, together with
judgment for money damages by filing a supersedeas                 costs and attorney fees, if any. The amount of the
bond. The justice court shall hold a hearing on the                bond shall be fixed by the court and payable to the
motion within five court days after the parties advise             clerk of the justice court.
the justice court of their failure to stipulate on the
amount of the bond. The stay is effective when the                 § 12-1180. Stay of proceedings on judgment;
supersedeas bond or bonds are filed.                               record on appeal
D. The party seeking to stay the execution of the                  When the appeal bond is filed and approved, the
judgment for possession shall file a supersedeas bond              justice of the peace shall stay further proceedings on
in the amount of rent accruing from the date of the                the judgment and immediately prepare a list of all
judgment until the next periodic rental date, together             entries on the justice's docket in the action and
with costs and attorney fees, if any. The tenant shall             transmit it, together with all the original papers, to the
pay to the clerk of the justice court, on or before each           clerk of the superior court of the county in which the
periodic rental due date during the pendency of the                trial was had.
appeal, the amount of rent due under the terms of the
lease or rental agreement. Such amounts shall be                   § 12-1181. Trial and judgment on appeal;
made payable by the justice court to the owner,                    writ of restitution
landlord or agent as they accrue to satisfy the amount             A. On trial of the action in the superior court, appellee,
of periodic rent due under the lease or rental                     if out of possession and the right of possession is
agreement. In all cases where the rent due under the               adjudged to him, shall be entitled to damages for
terms of the lease or rental agreement is paid through             withholding possession of the premises during



Revised December 2009                                         26                          Ken Bennett, Secretary of State
An Arizona Secretary of State publication                         Arizona Residential Landlord and Tenant Act


pendency of the appeal and the court shall also render
judgment in favor of appellee and against appellant
and the sureties on his bond for damages proved and
costs.
B. The writ of restitution or execution shall be issued by
the clerk of the superior court and shall be executed by
the sheriff or constable as in other actions.

§ 12-1182. Appeal to supreme court; stay and
bond
A. In a forcible entry or forcible detainer action
originally commenced in the superior court, an appeal
may be taken to the supreme court as in other civil
actions.
B. The appeal, if taken by the party in possession of
the premises, shall not stay execution of the judgment
unless the superior court so orders, and appellant shall
file a bond in an amount fixed and approved by the
court, conditioned that appellant will prosecute the
appeal to effect and will pay the rental value of the
premises pending the appeal and all damages, costs,
and rent adjudged against him by the superior court or
the supreme court.

§ 12-1183. Proceedings no bar to certain
actions
The proceedings under a forcible entry or forcible
detainer shall not bar an action for trespass, damages,
waste, rent or mesne profits.




Ken Bennett, Secretary of State                              27                      Revised December 2009
Residential Landlord & Tenant Act
A PUBLIC SERVICES DIVISION PUBLICATION   Updated December 2009